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y\/V55. /l&!.5L;j?7o/3 v 

Commonwealth of Massachusetts 

UMASS/AMHERST 9 

Office of the Attorney General 

Scott Harshbarger 

Attorney General 




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Domestic Violence: The Challenge 
For Law Enforcement 



GOVERNMENT DOCUMENTS 
b COLLECTION 



MAY U 1595 

University of Massachusetts 
Depositary Copy 



Northeastern University 
October 18, 1993 



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TABLE OF CONTENTS 

I. "REPORT ON DOMESTIC VIOLENCE: A COMMITMENT TO ACTION" ... 1 

The Harvard Luncheon Series Report by Attorney General Scott 

Harshbarger and Jay Winsten, Associate Dean and Director of 
the Center for Health Communication, Harvard School of Public 
Health. 

II. G.L. c. 209A: THE ABUSE PREVENTION ACT 5 

A. The Abuse Prevention Act, G.L. c. 209A: 

Statutory Overview 5 

B. The Abuse Prevention Act Chapter 209A 26 

C. Related Statutes 33 

III. PRE-COURT FORMS AND PROCEDURES 37 

A. Sample 209A Petition and Abuse Prevention Order. ... 37 

B. Sample Abuse Prevention Order 41 

C. Sample Abuse Prevention Form for 

Service of Orders 4 3 

IV. POLICE GUIDELINES 45 

A. Summary of the Police Guidelines 45 

B. The Police Guidelines 49 

V. THE EMERGENCY JUDICIAL RESPONSE SYSTEM 60 

Report of the Massachusetts Trial Court 60 

VI. INJURY DOCUMENTATION 69 

A. Norwood Police Department Materials/Checklist 69 

B. "Domestic Violence Documentation", 

Law and Order , July, 1993 71 

VII. LEGAL DEVELOPMENTS IN DOMESTIC VIOLENCE LAW 75 

A. The Stalking Law, G.L. c. 265, Section 43 75 

B. Mahonev v. Commonwealth . 415 Mass. 278 (1993) 84 



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C. Proposed State Legislation 90 

D. Proposed Federal Legislation 94 

E. Commonly Asked Questions Concerning Chapter 209A. . 103 

VIII. WHAT IS BATTERING? Ill 

A. What is Battering? Ill 

B. Power and Control Wheel 112 

C. Myths About Woman Abuse 113 

D. Effective Intervention with Battered Women 120 

E. When Love Turns Violent: The Roots of Abuse 124 

IX. FAMILY VIOLENCE: REACHING POPULATIONS 

WITH SPECIAL NEEDS 125 

A. Battered Lives 125 

B. What Is Elder Abuse? 130 

C. Elderly Protection Project: Law Enforcement, 

Elder Abuse Reporting and Intervention 138 

D. Elderly Protection Project: Law Enforcement 
Advanced Training, Topics Covered and Schedule.... 14 3 

E. Unique Aspects of Violence in Teen 

Dating Relationships 148 

F. Teen Dating Violence: Recognizing 

the Early Warning Signs for Victims 149 

G. Teen Dating Violence: Recognizing the 

Early Warning Signs for Perpetrators 150 

H. "Not So Different, After All: The Trials 

of Gay Domestic Violence" 152 

I. Is Lesbian Battering the Same as 

Straight Battering? 153 

J. Violent and Coercive Behaviors Utilized 

in Lesbian Battering 154 



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X. SUPPLEMENTAL MATERIALS 155 

A. Domestic Violence Facts 155 

B. Restraining Orders for Victims of 

Domestic Violence 156 

C. Identifying the Assaultive Husband in Court: 

You Be the Judge 158 

D. Spousal/Partner Assault: A Protocol For 

the Sentencing and Supervision of Offenders 161 

E. No Boundaries: The Physical and Mental 

Health Effects of Family Violence 168 

F. Women, Families, and Guns 169 

G. Violence Update: Impact of Spouse 

Abuse on Children of Battered Women 171 

H. Facts on Alcohol, Drugs and Domestic Violence 175 



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Digitized by the Internet Archive 

in 2012 with funding from 

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"Report on Domestic Violence: A Commitment 

to Action" 



"REPORT ON DOMESTIC VIOLENCE: A COMMITMENT TO ACTION", by Attorney 
General Scott Harshbarger and Jay Winsten, Ph.D., Associate Dean 
and Director, Center for Health Communication, Harvard School of 
Public Health 

EXECUTIVE SUMMARY 



This report is the culmination of a two-year series of working luncheons co- 
sponsored by Attorney General Scott Harshbarger and the Harvard School of Public 
Health, Center for Health Communication, directed by Jay A. Winsten, Ph.D. The 
sessions were conducted in cooperation with the Massachusetts Coalition of Battered 
Women Service Groups. 

To date, nine luncheons have been held which have brought together key 
policymakers, legislators, advocates, members of the criminal justice system and law 
enforcement, academicians, and representatives of the media. The goal of the luncheon 
series was to raise media and public awareness about the problem of domestic violence, 
with the hope of promoting meaningful change in public policy. 

Eight sessions focused on a wide range of critical issues in domestic violence: the 
implications of the new amendments to the twelve-year-old Abuse Prevention Law; the 
granting of clemency for battered women imprisoned for killing their batterers; guidelines 
for the police response to domestic violence; training for all personnel in the judicial 
system; the need for an integrated, multidisciplinary approach to combatting domestic 
violence; the role of the medical community in identifying and assisting victims of abuse; 
the implications of the family preservation concept for battered women and their 
children; and the efficacy of batterers' treatment programs. The ninth session was 
devoted to a discussion of recommendations for domestic violence policy in 
Massachusetts. 

The key recommendations contained in this report fall into three major areas: 
(1) early intervention and prevention; (2) the need for an integrated, multidisciplinary 
approach to the problem of domestic violence; and (3) long-term strategies to protect 
victims and prevent further domestic violence in Massachusetts. 

Please note that the recommendations section of this Executive Summary merely 
highlights the intervention efforts that need to be implemented if we are seriously 
committed to breaking the cycle of violence. The reader is urged to read the entire 
report for a more in-depth discussion of the suggested remedies. 

Key Recommendations: 

1. Resources must be available to ensure that battered women can gain access to services 
by trained advocates on a 24-hour basis. 

2. Multi-disciplinary training on domestic violence should be mandated for all health care 
workers, including but not limited to physicians, nurses, social workers, and students in 
those disciplines, who come in contact with victims of abuse. 

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3. More social workers and victim advocates trained in domestic violence issues are 
needed in medical settings. 

4. Health care institutions need to ensure that health care workers have adequate time to 
see patients in order to explore the possibility of violence and to discuss options, as part 
of their obligation to implement the requisite domestic violence protocols. 

5. A unique program which offers battered women's advocacy within a pediatric health 
care setting (the AWAKE Project of Boston's Children's Hospital) should be replicated 
in other health care institutions which provide services to abused children. 

6. Massachusetts law needs to be further amended to allow minors to seek treatment for 
injuries related to domestic violence without parental permission. 

7. Employee assistance programs should include the provision of appropriate resources 
and referrals concerning domestic violence. 

8. Employers should have protocols in place for dealing with employees who are victims 
or perpetrators of violence. 

9. Special protocols must be developed regarding criminal justice or law enforcement 
officials who are the defendants in 209A petitions, orders, and/or charges. 

10. There should be uniform, integrated standards of practice and multidisciplinary 
training developed for all individuals who are part of the domestic violence response 
network. 

11. Such training should include a focus on cultural and linguistic minorities, and other 
populations which traditionally have been underserved, such as the differently-abled, 
people in same-sex relationships, and substance abusers. 

12. Appropriations for expenditures associated with basic training in the area of domestic 
violence should be a budget priority for FY *94 and subsequent fiscal years. 

13. A system should be established which can ensure that professionals or other certified 
individuals or organizations responding to domestic violence are in compliance with 
applicable laws and standards of practice, and are held accountable for their actions or 
inactions. 

14. Police departments should designate a trained domestic violence officer or establish 
specialized domestic violence units to handle such cases. 

15. Once the law enforcement and the criminal justice systems are involved in domestic 
violence matters, they should make all efforts to expedite the processing of domestic 

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violence cases and to minimize the possibility of harm. These efforts include the prompt 
issuance of restraining orders and warrants, the ordering of pre-trial probation for the 
batterer in serious cases of domestic violence, and developing sentencing guidelines for 
violations of restraining orders. 

16. District Attorneys' Offices should utilize designated funds to create domestic violence 
units with specially-trained prosecutors and victim/witness advocates to handle criminal 
prosecution and post-conviction follow-up in domestic violence cases. 

17. District Attorneys' Offices should explore possibilities of coordination with federal 
criminal justice officials to assist victims of abuse with relocation and identity changes 
when appropriate. 

18. Probation officers must give high priority to serious domestic violence cases. They 
must follow batterers closely for compliance with court orders, participation in batterers' 
treatment programs, and adherence to other terms of probation. 

19. The Massachusetts Department of Public Health must be given the resources 
necessary to certify and monitor batterers' treatment programs in accordance with the 
promulgated guidelines. Moreover, special batterers' treatment programs need to be 
developed for batterers with substance abuse problems. 

20. An extensive range of battered women's programs must be supported, created and 
expanded to meet the increasing demands for services. These programs should include 
services for: victims of domestic violence from different cultural and linguistic minority 
communities; battered women with mental health concerns; battered lesbians; and 
differently-abled battered women. Finally, battered women's programs and shelters need 
to be developed to provide services to victims of abuse who have problems with alcohol 
and/or other drugs. 

21. There should be specialized domestic violence advocates assigned to each district and 
probate and family court to assist victims with civil (pre-criminal) 209A petitions. 

22. Services directed to identifying and treating the child victim/witness must be designed, 
funded, and implemented in shelters, the court, district attorneys' offices, and hospitals. 
In addition, law enforcement staff and personnel from the Massachusetts Department of 
Social Services should receive specific training to recognize and provide appropriate 
services to the children who witness and/or experience domestic violence. 

23. Communication and coordination regarding the issuance and enforcement of 
restraining orders between the probate and the district courts should be improved. 

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24. Judges and family service officers should be trained in the dynamics of domestic 
violence as they relate to issues of custody and visitation, and the inappropriateness of 
ordering mediation in domestic violence cases. 

25. Additional visitation centers should be created where batterers may see their children 
under supervision without compromising the safety of the children or the mothers. 

26. Certified batterers' treatment programs should be able to respond to the demand for 
treatment from non-court-referred, as well as court-referred, clients. 



Finally, a variety of long-term strategies aimed at preventing domestic violence 
and improving interventions were suggested during the course of the luncheon series. 

27. The importance of the implementation of an integrated response to combat domestic 
violence cannot be overstated. For this reason, the "Quincy model" or other similar 
integrated programs should be replicated state-wide. 

28. Issues of both economic and personal empowerment for victims of domestic violence 
need to be addressed. These include support systems such as affordable housing, day 
care, and job training programs, along with efforts to increase individual self-esteem. 

29. Increase and improve collaboration between systems and agencies involved in the 
domestic violence response network. 

30. The problem of domestic violence should be addressed in terms of related societal 
problems. 

31. Efforts aimed at changing social norms towards women and violence should be 
undertaken. 

32. Lastly, it is crucial that government leaders and policymakers adopt and articulate a 
strong commitment to end domestic violence. Such high-level leadership will help to 
ensure long-term funding, public education about the problem, and will send the message 
to the public that domestic violence is a societal problem which may no longer be 
tolerated or marginalized. 



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G.L. c. 209A: The Abuse Prevention Act 



THE ABUSE PREVENTION ACT: CHAPTER 2 09 A 

OCTOBER, 199 3 

I. Chapter 209A of the General Laws, known as the Abuse 
Prevention Act, represents a strong statement of public 
policy: Domestic violence is a serious crime and is not simply 
a matter of personal family business. Law enforcement 
personnel play a key role in the implementation of this 
policy. Because they are most likely to be called upon to 
intervene when domestic violence occurs, police officers are 
generally the victim's first contact with the criminal justice 
system. These materials describe the duties and obligations of 
police under c. 209A. 

II. STATUTORY OVERVIEW 

Chapter 209A contains nine sections. - Sections Six and 
Seven are the most important for law enforcement personnel 
because they set forth the obligations of police under c. 
209A. However, police officers should be familiar with all 
sections of c. 209A so that they can provide complete and 
accurate information to victims. 



1/ G.L. c. 209A was signed into law in July, 1978. It has 
been amended in 1983, 1984, 1987, and 1990. The 1990 
amendments went into effect on January 31, 1991. 



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S ECTION ONE [Definitions] 

Section One sets forth definitions of "abuse"/ "court", 

"family or household member", "law officer", and "vacate order" 

as follows: 

" Abu se" . is the occurrence of one or more of the following 
acts between family or household members: 

a. attempting to cause or causing physical harm; 

b. placing another in fear of imminent serious 
physical harm; 

c. causing another to engage involuntarily in sexual 
relations by force, threat or duress. 

Police should interpret this definition broadly when 

responding to a complaint. Category (a) applies to any type of 

physical harm or attempt to cause physical harm, for example, 

punching, kicking, shoving, etc. Category (b) applies to 

threats and to situations where the abuser has assaulted the 

victim but no battery has occurred. Note that the parties' 

marital status is irrelevant to the application of category 

(c). Massachusetts law contains no spousal exclusion which 

would prevent a married woman from charging her husband with 

rape. Commonwealth v. Chretien , 383 Mass. 123 (1981). 

" Court " . includes the superior, probate and family, 

district, or Boston municipal court departments of the trial 

court . 

" Family or household members ", are persons who: 

a. are or were married to one another; 

b. are or were residing together in the same 
household; 



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c. are or were related by blood or marriage; 

d. have a child in common regardless of whether they 
have ever married or lived together; or 

e. are or have been in a substantive dating or 
engagement relationship, which shall be adjudged 
by district, probate or Boston Municipal courts 
after consideration of the following factors: (1) 
the length of time of the relationship; (2) the 
type of relationship; (3) the frequency of 
interaction between the parties; and (4) if the 
relationship has been terminated by either 
person, the length of time elapsed since the 
termination of the relationship. 

While c. 209A was originally intended to provide legal 

remedies to battered women, it can be used by both men and 

women, adults and minors. Under the definition of "family or 

household member", any person, regardless of sex or age, who 

has been abused by a spouse, former spouse, household member or 

former household member (who need not be of the opposite sex) , 

past or present in-laws, step-children, or a blood relative, 

(including a minor child) may file a c. 209A abuse petition. 

Note that blood relatives, in-laws, or step-children need not 

reside or have resided with the plaintiff. The protections of 

c. 209A have also been extended to individuals who are or were 

involved in what is termed by the statute as "a substantive 

dating or engagement relationship" . 

"Law officer " . any officer authorized to serve criminal 

process . 

" Vacate order " court order to leave and remain away from a 
premises and surrendering forthwitli any keys to said 
premises to the plaintiff. The defendant shall not damage 
any of the plaintiff's belongings or those of any other 



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occupant and shall not shut off or cause to be shut off any 
utilities or mail delivery to the plaintiff. In the case 
where the premises designated in the vacate order is a 
residence, so long as the plaintiff is living at said 
residence, the defendant shall not interfere in any way 
with the plaintiff's right to possess such residence, 
except by order or judgment of a court of competent 
jurisdiction pursuant to appropriate civil eviction 
proceedings, a petition to partition real estate, or a 
proceeding to divide marital property. A vacate order may 
include in its scope a household, a multiple family 
dwelling and the plaintiff's workplace. When issuing an 
order to vacate the plaintiff's workplace, the presiding 
justice must consider whether the plaintiff and defendant 
work in the same location or for the same employer. 

Thus, the defendant must turn over the keys to the premises 

to the victim and must leave and remain away from the premises 

and the victim's workplace. The defendant is also barred from 

interfering with the victim's occupancy of the premises, 

damaging any of the household contents, shutting off the 

utilities, or stopping the victim's mail. (Police Guidelines, 

§ 2.0, pp. 3-4; § 3.4, pp. 7-8; § 3.7, pp. 8-9) 



SECTION TWO [Venue] 

Section Two permits the victim to file a complaint in the 
appropriate court, as defined in Section One, where the victim 
resided at the time the abuse occurred or where the victim 
resides at the time of the complaint if he/she has left the 
residence or household to avoid the abuse. 



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SECTION THREE [Content of Orders] 

Section Three sets forth the types of court orders that a 
victim may request by filing a complaint. Court orders include 
but are not limited to: 

a. ordering the defendant to refrain from abusing 
the plaintiff whether the defendant is an adult 
or minor; 

b. ordering the defendant to refrain from contacting 
the plaintiff, unless authorized by the court, 
whether the defendant is an adult or minor; 

c. ordering the defendant to vacate forthwith and 
remain away from the household, multiple family 
dwelling, and workplace. Notwithstanding the 
provisions of section thirty-four B of chapter 
two hundred and eight, an order to vacate shall 
be for a fixed period of time, not to exceed one 
year, at the expiration of which time the court 
may extend any such order upon motion of the 
plaintiff, with notice to the defendant, for such 
additional times as it deems necessary to protect 
the plaintiff from abuse; 

d. awarding the plaintiff temporary custody of a 
minor child; 

e. ordering the defendant to pay temporary support 
for the plaintiff or any child in the plaintiff's 
custody or both, when the defendant has a legal 
obligation to support such a person. In 
determining the amount to be paid, the court 
shall apply the standards established in the 
child support guidelines; 

f. ordering the defendant to pay the person abused 
monetary compensation for losses suffered as a 
direct result of such abuse. Compensatory losses 
shall include, but not be limited to, loss of 
earnings or support, costs for restoring 
utilities, out-of-pocket losses for injuries 
sustained, replacement costs for locks or 
personal property removed or destroyed, medical 
and moving expenses and reasonable attorney's 
fees ; 

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g. ordering the plaintiff's address to be impounded 
as provided in Section Nine; 

h. ordering the defendant to refrain from abusing or 
contacting the plaintiff's child, or child in 
plaintiff's care or custody, unless authorized by 
the court; 

i. the judge may recommend to the defendant that the 
defendant attend a recognized batterer's 
treatment program. 

A court is explicitly authorized under Section Three to 

order the defendant to refrain from contacting the victim or 

the victim's child or any child in the victim's care. Such "no 

contact" orders apply to multiple family dwellings as well as 

to the victim's household and workplace. (§§ 3(c) and 3(d)) 

In addition, a court may also issue child custody orders (even 

where the parties have never been married) and child support 

orders in accordance with the child support guidelines. 

However, a child support order is only permissible where the 

defendant has a pre-existing legal obligation to pay support. 

(§§ 3(d) and 3(e)). 

A judge may order the defendant to pay the victim for any 

expenses caused by the abuse such as physician or hospital 

bills, lost wages, attorney's fees, or shelter expenses. Such 

an order may also include costs for restoring utilities and 

replacement costs for locks and personal property removed or 

destroyed. (§ 3(f)) 



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The judge may also recommend that a defendant attend a 
recognized batterer's treatment program. (§ 3(i)) 

Section Three prohibits a court from compelling mediation. 
Although the judge may refer the case to the probation 
department or a victim/witness advocate for an information 
gathering session, the court may not compel the parties to meet 
together at these sessions. 

Section Three also limits the power of the court to issue 
mutual restraining orders, requiring a judge to make "specific 
written findings of fact in the event that mutual orders are 
issued." (§ 3(j)) 

There is no statute of limitations on the filing of a 
complaint under Section Three of c. 209A: "A court shall not 
deny any complaint filed under this chapter solely because it 
was not filed within a particular time period after the last 
alleged incident of abuse." 

Section Three provides that every order must state the time 

and date of its expiration and include the date and time for a 

continuation hearing. Any order remains in effect until such 

hearing is held. Although any relief granted by the court 

shall not exceed one year, the victim may obtain an extension 

of orders under the following circumstances: 

If the plaintiff appears at the court at the date and 
time the order is to expire, the court shall determine 
whether or not to extend the order for any additional time 
reasonably necessary to protect the plaintiff or to enter a 
permanent order. The court may also extend the order upon 
motion of the plaintiff, for such additional time as it 
deems necessary to protect from abuse the plaintiff or any 
child in the plaintiff's care or custody. 



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In addition, the fact that no abuse has occurred while the 
order was in effect will not, by itself, prevent the extension 
of the order or the issuance of a new order. 

These orders are not exclusive. The court may draft 
specific orders tailored to the individual needs of the 
victim. For example, a court may issue an order directing the 
defendant to return all house or car keys, or to remain away 
from the victim's school, etc. 

The victim may not be charged a fee for filing a 
complaint. Neither the victim nor his/her attorney shall be 
charged for certified copies of any orders entered by the court 
or for copies of the file. 

Orders issued under c. 209A do not affect title to real 
property. Moreover, c. 209A orders affecting custody or 
support are superseded by any subsequent custody or support 
order from the probate or family court. In addition, a judge 
cannot issue orders for custody or support under c. 209A, where 
there are prior or pending custody or support orders from the 
probate or family court. Chapter 209A does not empower the 
district court to award visitation rights to the defendant. 
The filing of a c. 209A complaint does not preclude any 
other civil or criminal remedies. However, a person who files 
a complaint under c. 209A must disclose prior or pending 
actions for divorce, annulment, paternity, custody or support, 

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guardianship, separate support or legal separation or abuse 
prevention. In cases where there are outstanding orders, a person 
should not be discouraged from filing subsequent c. 209A complaints. 

Note that a defendant's violation of a prior protective order 
constitutes both a criminal misdemeanor and contempt of court. The 
victim may file a civil or criminal contempt action in addition to 
seeking criminal charges and may seek any or all of these remedies 
simultaneously. 
SECTION THREE A [Nature of Proceedings] 

Section 3A requires that a complainant shall be informed that the 
proceedings hereunder are civil in nature and violation of the orders 
are criminal in nature. This section also insturcts the appropriate 
district attorney's office to provide a complaint with information 
relative to what criminal proceedings may be available and the 
procedure required to initiate such proceedings. Whenever possible 
such information shall be provided in the complainant's native 
language. 
SECTION FOUR [Temporary Orders] 

Section Four describes the procedure fdr obtaining temporary 
orders. A court may issue a temporary order upon the victim's filing 
of a complaint. 

Abuse prevention cases follow a two-step procedure. At the first 
( ex-parte ) hearing at which the abuse is established, the victim can 
request a number of protective orders (See Section Three, above) . 
Following this first hearing, a temporary order is issued which is 
valid for a period of ten (10) days. The plaintiff receives a copy of 
the order, a second copy is sent to the police, and the third copy is 
served on the defendant. However, the defendant need not be served in 
hand. (c. 109A, §§4, 7; Police Guidelines, §3. 7, p. 8.) Assuming that 
the defendant is served, a second hearing is held at which both 

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2/ 

parties are present. - The court can then vacate, modify o: 

continue the temporary orders for up to one year. A judge is 
also required to set up a continuation hearing on the date such 
orders are to expire. As long as the defendant has been served 
with the temporary order, the plaintiff is entitled to ask that 
the temporary orders be extended or that a permanent order be 
entered regardless of whether or not the defendant appears at 
the hearing. (See Section Three, above) 

SECTION FIVE [Afterhours Orders] 

Any judge of the superior, district, family and probate, or 
Boston Municipal Court may issue an order granting relief to a 
victim who demonstrates a substantial likelihood of immediate 
danger of abuse. The order then must be certified by the clerk 
magistrate on the next court day. 

Temporary orders can be issued by phone when the court is 

not in session: 

In the discretion of the justice, such relief may be 
granted and communicated by telephone to an officer or 
employee of an appropriate law enforcement agency, who 
shall record such order on a form of order promulgated for 
such use by the chief administrative justice and shall 
deliver a copy of such order on the next court day to the 
clerk-magistrate of the court having venue and jurisdiction 
over the matter. 



2/ If the defendant has been served with notice of the order 
but does not appear at the hearing, the temporary order 
continues in effect without further court order, (c. 209A, § 4) 



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Police are required to access the emergency judicial systen 
when the court is closed for business. (c. 29A, § 6; Police 
Guidelines, § 2.0(E), p. 2) 

If the plaintiff receives an order under this section 
without filing a complaint, he/she must appear at court on the 
next business day to file a complaint. The notice and hearing 
requirements set forth in Section Four apply to orders issued 
under this section. 

Since most cases of domestic violence occur during 
non-business hours, police should know all of the procedures 
that apply during this period. 

SECTION SIX [Police Responsibilities] 
A_, Powers and Dutie s of the Police 

Section Six describes the powers and duties of the police. 

When an officer has reason to believe that a family or 

household member, as defined in Section ONe, has been abused or 

is in danger of being abused, c. 209A requires the officer to 

use all reasonable means to prevent further abuse. The steps 

that an officer shall take, but not be limited to, include the 

following : 

(1) remain on the scene of where said abuse occurred or 
was in danger of occurring as long as the officer has 
reason to believe that at least one of the parties involved 
would be in immediate physical danger without the presence 
of a law officer. This shall include but not be limited to 
remaining in the dwelling for a reasonable period of time; 



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(2) assist the abused person in obtaining medical 
treatment necessitated by an assault, which may include 
driving the victim to the emergency room of the nearest 
hospital, or arranging for appropriate transportation to a 
health care facility, notwithstanding any law to the 
contrary; 

(3) assist the abused person in locating and getting to a 
safe place; including but not limited to a designated 
meeting place for a shelter or a family member's or 
friend's residence. The officer shall consider the 
victim's preference in this regard and what is reasonable 
under all the circumstances; 

(4) give such person immediate and adequate notice of his 
or her rights. Such notice shall consist of handing said 
person a copy of the statement which follows below and 
reading the same to said person. Where said person's 
native language is not English, the statement shall be then 
provided in said person's native language whenever possible. 

"You have the right to appear at the Superior, 
Probate and Family, District or Boston Municipal 
Court, if you reside within the appropriate 
jurisdiction, and file a complaint requesting any of 
the following applicable orders: (a) an order 
restraining your attacker from abusing you; (b) an 
order directing your attacker to leave your household, 
building or workplace; (c) an order awarding you 
custody of a minor child; (d) an order directing your 
attacker to pay support for you or any minor child in 
your custody, if the attacker has a legal obligation 
of support and (e) an order directing your attacker to 
pay you for losses suffered as a result of abuse, 
including medical and moving expenses, loss of 
earnings or support, costs for restoring utilities and 
replacing locks, reasonable attorney's fees and other 
out-of-pocket losses for injuries and property damage 
sustained. 

For an emergency on weekends, holidays, or 
weeknights, the police will refer you to a justice of 
the superior, probate and family, district or Boston 
municipal court departments. 

You have the right to go to the appropriate 
district court or the Boston municipal court and seek 
a criminal complaint for threats, assault and battery, 
assault with a deadly weapon, assault with intent to 
kill or other related offenses. 



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If you are in need of medical treatment, you have 
the right to request that an officer present drive you 
to the nearest hospital or otherwise assist you in 
obtaining medical treatment. 

If you believe that police protection is needed 
for your physical safety, you have the right to 
request that the officer present remain at the scene 
until you and your children can leave or until your 
safety is otherwise ensured. You may also request 
that the officer assist you in locating and taking you 
to a safe place, including but not limited to a 
designated meeting place for a shelter or a family 
member's or a friend's residence, or a similar place 
of safety. 

You may request a copy of the police incident 
report at no cost from the police department." 

(5) assist such person by activating the emergency 
judicial system when the court is closed for business; (See 
Section Five, above) 

(6) inform the victim that the abuser will be eligible for 
bail and may be promptly released; and 

(7) arrest any person a law officer witnesses or has 
probable cause to believe has violated a temporary or 
permanent vacate, restraining, or no-contact order or 
judgment issued pursuant to section eighteen, thirty-four B 
or thirty-four C of chapter two hundred and eight, section 
thirty-two of chapter two hundred and nine, section three, 
four or five of this chapter, or sections fifteen or twenty 
of chapter two hundred and nine C. When there are no 
vacate, restraining, or no-contact orders or judgments in 
effect, arrest shall be the preferred response whenever an 
officer witnesses or has probable cause to believe that a 
person: 

(a) has committed a felony; 

(b) has committed a misdemeanor involving abuse as 
defined in section one of this chapter; 

(c) has committed an assault and battery in violation 
of section thirteen A of chapter two hundred and 
sixty-five . 



-17- 



The safety of the victim and any involved children 
shall be paramount in any decision to arrest. Any officer 
arresting both parties must submit a detailed, written 
report in addition to an incident report, setting forth the 
grounds for dual arrest. 

Subsection (7) of Section Six now mandates an arrest where 

a temporary or permanent restraining order has been violated in 

the presence of police or where police have probable cause to 

believe that such a violation has occurred. In addition, a 

violation of a "vacate," "refrain from abuse" or "no contact" 

order issued under G.L. Chapters 208, 209, 209A or 209C 

mandates an arrest and is subject to criminal penalties under 

c. 209A, § 7. 

Please note that when a judge has issued a vacate, 

no-contact, and/or refrain from abuse order under c. 209A, 

certain additional conditions may have been imposed by the 

judge. These additional conditions may include granting 

temporary custody of the minor children to the petitioning 

parent or ordering the defendant to pay for child support, 

damage to property, replacement of locks, etc. In the past, 

there has been some confusion as to whether a criminal 

complaint for violation of a 209A order can be pursued if, for 

example, a defendant fails to pay the monies ordered by the 

court but has not violated either the vacate or refrain from 

abuse order. A criminal complaint and related criminal 

sanctions for violation of a c . 209A order are only permissible 

when the vacate, no contact , and/or refrain from abuse 



-18- 



provisions of the order have been violated . Violations of 
other conditions are enforceable through civil contempt 
proceedings . 

Pursuant to Subsection (7) of Section Six, arrest is the 
"preferred response" when no orders are in effect but the 
officer has probable cause to believe that a person has 
committed a felony, an assault and battery or a misdemeanor 
involving "abuse". Abuse is specifically defined in Section 
One to include "placing another in fear of imminent serious 
physical harm" which, under appropriate circumstances, could 
include threats. (c. 209A, §§ 1, 7; Police Guidelines, § 2.0 
(G) and (H) , p. 2). While arrest under these circumstances is 
authorized, it is not mandated under the law. 

Nothing in c. 209A requires the officer to present a 
complaint to a court or justice or to obtain a warrant before 
making an arrest, if the criteria for arrest set forth in 
Subsection 7 of Section Six are met. The authority to arrest 
for a misdemeanor involving abuse is a statutory exception to 
the complaint and warrant requirements of G.L. c. 275, §§ 2, 3 
discussed in Waaenmann v. Adams , 829 F.2d 196, 207-08 (1st Cir. 
1987) . 

B. Additional Prov isions 

"Reasonable efforts" must be made by anyone authorized to 
make bail to inform the victim prior to a defendant's release 
upon posting bail. 



-19- 



Additionally, Section Six now requires that upon request by 
the victim, either the court or an emergency response judge can 
issue a written no-contact order. 

Finally, Section Six also addresses a police officer's 

civil liability for responding to a domestic violence call: 

No law officer shall be held liable in any civil 
action regarding personal injury or injury to property 
brought by any party to a domestic violence incident for an 
arrest based on probable cause when such officer acted 
reasonably and in good faith and in compliance with this 
chapter and the statewide policy as established by the 
secretary of public safety. 

C. Violatio n of Orders Iss ued by Probate. Family, or 
Superior Courts 

1 . P robate and Family Court : Historically, when an order 

to vacate or refrain from abuse issued by the Probate or Family 

Court pursuant to c. 208, § 34B was violated, c. 208, § 34C 

provided for criminal penalties. However, in 1990, Section 34C 

was amended to provide for criminal penalties for violation an 

order for cus tody issued pursuant to anv abu se prevention action 

as well as for violation of an order prohibiting a person from 

imposing any restraint on the personal liberty of another person 

under c. 209A, §§ 3, 4, or 5, and c. 209C, §§ 15 or 20. As a 

result, it now appears that violation of a custody order is a 

criminal offense under § 34C. However, violation of a custody 

order is not an arrestable offense under c. 209A, § 6(7). In 

addition, in most cases, there will be no other crime to be 

charged in addition to violation of a restraining order. This 

is in contrast to other actions which often suggest other 

criminal charges. For example, violation of a vacate order 



-20 - 



suggests trespass; violation of a no-contact order suggests 
threats or assault; and violation of a refrain from abuse order 
suggests assault and battery, etc. However, interference with 
the custody rights of another suggests a civi 1 remedy except in 
the instance of a parental kidnapping. Thus, Chapter 34C 
requires further amendment to correct this problem. 

2. Superior Court : The police frequently receive copies 
of Superior Court restraining orders, enjoining parties from 
contacting or visiting another party, which are issued in the 
course of litigation that has nothing to do with divorce, 
separate support or disputes between family or household 
members. These orders are civilly enforceable only; police 
response is the same as in any non-domestic matter. However, 
any vacate or restraining order issued under c. 209A , whether 
from District, Probate and Family, Superior or Boston Municipal 
Court, is criminally enforceable and its violation requires an 
arrest . 



D. Victim Safety 

The victim's safety is paramount in any domestic violence 
case. Under c. 209A, the police are required to take all 
reasonable steps to insure that the victim is safe. In 
addition to making arrests when appropriate, the police may be 
required to remain on the scene until the victim's safety is 
assured, to transport the victim elsewhere, and to assist the 



-21- 



victim in obtaining necessary medical treatment. (c. 209A, § 6 
(1), (2) and (3); Police Guidelines, § 2.0 (C) , p. 2) If the 
defendant agrees to leave the residence but to pack his 
belongings in another room, police may keep the defendant in 
view by following him through the residence. Commonwealth v. 
Rexach , 20 Mass. App . Ct . 919 (1985). Under c. 209A, police 
must read aloud a notice of rights to the victim and provide 
him/her with a printed copy of such rights in the victim's 
native language when possible. 

Issues of tenancy, immigration status, custody and 
visitation, and marital status must not affect and are not 
relevant to the enforcement obligations of police under c. 
209A. Arrests should be made and outstanding protective orders 
enforced without regard to any argument by the defendant that, 
for example, his name on the lease to the apartment gives him 
possessory rights, or that a custody agreement entitles him to 
visit the home. 

Police officers must fill out incident reports whenever 
they respond to domestic violence calls in accordance with the 
standards of the officer's law enforcement agency. 
Documentation of a defendant's prior mistreatment of the victim 
may be admissible in some cases to show the defendant's mental 
state or intent to harm the victim. Commonwealth v. Jordan, 
(No. 1), 397 Mass. 489, 492 (1986). In the event of a dual 



-22- 



arrest, the police must submit a detailed written report in 
addition to the incident report setting forth the basis for the 
dual arrest. The police may not suggest a dual arrest as a 
means of discouraging requests for law enforcement 
intervention. (c. 209A, § 6(7); Police Guidelines § 2.0, p. 3) 

SECTION SEVEN [Service and enforcement of orders] 

This section pertains to the service of court orders on the 
defendant. It requires that the court clerk transmit two 
certified copies of all orders and one copy of the complaint 
and summons to the appropriate law enforcement agency. Unless 
otherwise ordered by the court , the police must serve one copy 
of all orders and the copy of the complaint and summons on the 
defendant. There is no requirement, however, that the 
defendant be served in hand. In addition, Section Seven 
specifically authorizes service of complaints, summonses, and 
orders on Sunday. 

Each order must contain the statement: VIOLATION OF THIS 
ORDER IS A CRIMINAL OFFENSE. As set forth in this section, a 
violation is punishable by a fine of not more than five 
thousand dollars or by imprisonment in the house of correction 
for not more than two and one-half years, or both. The court 
must notify the police when any order is vacated. 



-23- 



If a defendant is convicted of a violation of a restraining 
order, and has no prior record of any crime of violence, then 
the court can ask that he be evaluated by a certified 
batterer's treatment program. If the evaluation indicates that 
he is amenable to treatment, then the court may order the 
defendant to receive appropriate treatment in addition to any 
other penalty. If the defendant fails to participate in 
treatment as ordered, then any suspended sentence will be 
imposed. The court may also order treatment for substance 
abuse. The defendant is responsible for the cost of the 
treatment, if he can afford it. 

Where an abuse prevention order is violated, the court may 
order the defendant to pay the victim for all damages 
including, but not limited to, cost for shelter or emergency 
housing, loss of earnings or support, out-of-pocket losses for 
injuries sustained or property damaged, medical expenses, 
moving expenses, cost for obtaining an unlisted telephone 
number, and reasonable attorney's fees. 

The criminal remedies provided in Section Seven are not 
exclusive. A criminal action does not preclude enforcement of 
such orders by civil contempt procedure. 

SECTION EIGHT [Confidentiality of records.] 

This section permits the court to impound the victim's 
address. The victim may request that the court impound his/her 



-24- 



address, keep it from appearing on orders, and otherwise ensure 
that the address remains confidential. 

Records of cases brought under c. 209A shall be withheld 
from public inspection. 

SECTION NINE [Standard complaint form.] 

Section Nine requires the administrative judges of the 
superior, district, family and probate, and Boston municipal 
court departments to promulgate a standard form complaint. If 
no form complaint is available, a plaintiff may prepare and 
file a complaint pro se . 



0398T 



-25- 



M.G.L. c. 209A ABUSE PREVENTION 

209A § 1 

Definitions 

As used in this chapter the following words shall have the following meanings: 

"Abuse", the occurrence of one or more of the following acts between family or 
household members: 

(a) attempting to cause or causing physical harm; 

(b) placing another in fear of imminent serious physical harm; 

(c) causing another to engage involuntarily in sexual relations by force, threat or 
duress. 

"Court", the superior, probate and family, district or Boston municipal court depart- 
ments of the trial court, except when the petitioner is in a dating relationship when 
"Court" shall mean district, probate, or Boston municipal courts. 

"Family or household members", persons who: 

(a) are or were married to one another, 

(b) are or were residing together in the same household; 

(c) are or were related by blood or marriage; 

(d) having a child in common regardless or l whether they have ever married or lived 
together; or 

(e) are or have been in a substantive dating or engagement relationship, which shall be 
adjudged by district, probate or Boston municipal courts consideration of the following 

factors: 

(1) the length of time of the relationship; (2) the type of relationship; (3) the frequency 
of interaction between the parties; and (4) if the relationship has been terminated by 
either person, the length of time elapsed since the termination of the relationship. 

"Law officer", any officer authorized to serve criminal process. 

"Vacate order", court order to leave and remain away from a premises and surrender- 
ing forthwith any keys to said premises to the plaintiff. The defendant shall not damage 
any of the plaintiffs belongings or those of any other occupant and shall not shut off or 
cause to be shut off any utilities or mail delivery to the plaintiff. In the case where the 
premises designated in the vacate order is a residence, so long as the plaintiff is living ac 
said residence, the defendant shall not interfere in any way with the plaintiffs right to 
possess such residence, except by order or judgment of a court of competent jurisdiction 
pursuant to appropriate civil eviction proceedings, a petition to partition real estate, or a 
proceeding to divide marital property. A vacate order may include in its scope a 
household, a multiple family dwelling and the plaintiffs workplace. When issuing an 
order to vacate the plaintiffs workplace, the presiding justice must consider whether the 
plaintiff and defendant work in the same location or for the same employer. 

209A § 2. 

Venue 

Proceedings under this chapter shall be filed, heard and determined in the 
superior court department or the Boston municipal court department or 
respective divisions of the probate and family or district court departments 
having venue over the plaintiffs residence. If the plaintiff has left a residence 
or household to avoid abuse, such plaintiff shall have the option of commenc- 
ing an action in the court having venue over such prior residence or house- 
hold, or in the court having venue over the present residence or household. 

-26- 



209A §3 

Remedies; period of relief 

A person suffering from abuse from an adult or minor family or household member 
may file a complaint in the court requesting protection from such abuse, including, but 
not limited to, the following orders: 

(a) ordering the defendant to refrain from abusing the plaintiff, whether the defendant 
is an adult or minor; 

(b) ordering the defendant to refrain from contacting the plaintiff, unless authorized by 
the court, whether the defendant is an adult or minor; 

(c) ordering the defendant to vacate forthwith and remain away from the household, 
multiple family dwelling, and workplace. Notwithstanding the provisions of section 
thirty-four B of chapter two hundred and eight, an order to vacate shall be for a fixed 
period of time, not to exceed one year, at the expiration of which time the court may 
extend any such order upon motion of the plaintiff, with notice to the defendant, for such 
additional time as. it deems necessary to protect the plaintiff from abuse; 

(d) awarding the plaintiff temporary custody of a minor child; 

(e) ordering the defendant to pay temporary support for the plaintiff or any child in the 
plaintiffs custody or both, when the defendant has a legal obligation to support such a 
person. In determining the amount to be paid, the court shall apply the standards 
established in the child support guidelines; 

(f) ordering the defendant to pay the person abused monetary compensation for the 
losses suffered as a direct result of such abuse. Compensatory losses shall include, but 
not be limited to, loss of earnings or support, costs for restoring utilities, out-of-pocket 
losses for injuries sustained, replacement costs for locks or personal property removed or 
destroyed, medical and moving expenses and reasonable attorney's fees; 

(g) ordering the plaintiffs address to be impounded as provided in section nine; 

(h) ordering the defendant to refrain from abusing or contacting the plaintiffs child, or 
child in plaintiffs care or custody, unless authorized by the court; 

(i) the judge may recommend to the defendant that the defendant attend a recognized 
batterer's treatment program. 

No filing fee shall be charged for the filing of the complaint. Neither the plaintiff nor 
the plaintiffs attorney shall be charged for certified copies of any orders entered by the 
court, or any copies of the file reasonably required for future court action or as a result 
of the loss or destruction of plaintiffs copies. 

Any relief granted by the court shall be for a fixed period of time not to exceed one 
year. Every order shall on its face state the time and date the order is to expire and shall 
include the date and time that the matter will again be heard. If the plaintiff appears at 
the court at the date and time the order is to expire, the court shall determine whether or 
not to extend the order for any additional time reasonably necessary to protect the 
plaintiff or to enter a permanent order. When the expiration date stated on the order is 
on a weekend day or holiday, or a date when the court is closed to business, the order 
shall not expire until the next date that the court is open to business. The plaintiff may 
appear on such next court business day at the time designated by the order to request 
that the order be extended. The court may also extend the order upon motion of the 
plaintiff, for such additional time as it deems necessary to protect from abuse the plaintiff 
or any child in the plaintiffs care or custody. The fact that abuse has not occurred 
during the pendency of an order shall not, in itself, constitute sufficient ground for 
denying or failing to extend the order, of allowing an order to expire or be vacated, or for 
refusing to issue a new order. 

The court may modify its order at any subsequent time upon motion by either party. 
When the plaintiffs address is impounded and the defendant has filed a motion to modify 
the court's order, the court shall be responsible for notifying the plaintiff. In no event 
shall the court disclose any impounded address. 
No order under this chapter shall in any manner affect title to real property. 

No court shall compel parties to mediate any aspect of their case. Although the court 
may refer the case to the family service office of the probation department or victim/wit- 
ness advocates for information gathering purposes, the court shall not compel the parties 
to meet together in such information gathering sessions. 



-27- 



209A §3 (Cont . ) 

A court shall not deny any complaint filed under this chapter solely because it was not 
filed within a particular time penod after the last alleged incident of abuse. 

A court may issue a mutual restraining order or mutual no-contact order pursuant to 
any abuse prevention action only if the court has made specific written findings of fact. 
The court shall then provide a detailed order, sufficiently specific to apprise any law 
officer as to which party has violated the order, if the parties are in or appear to be in 
violation of the order. 

Any action commenced under the provisions of this chapter shall not preclude any other 
civil or cnmmal remedies. A party filing a complaint under this chapter shall be required 
to disclose any prior or pending actions involving the parties for divorce, annulment, 
paternity, custody or support, guardianship, separate support or legal separation, or 
abuse prevention. 

If there is a prior or pending custody support order from the probate and family court 
department of the trial court, an order issued in the superior, district or Boston municipal 
court departments of the trial court pursuant to this chapter may include any relief 
available pursuant to this chapter except orders for custody or support. 

If the parties to a proceeding under this chapter are parties in a subsequent proceeding 
in the probate and family court department for divorce, annulment, paternity, custody or 
support, guardianship or separate support, any custody or support order or judgment 
issued in the subsequent proceeding shall supersede any prior custody or support order 
under this chapter. 



209A § 4 

Temporary orders; notice; hearing 

Upon the filing of a complaint under this chapter, the court may enter such temporary 
orders as it deems necessary to protect a plaintiff from abuse, including relief as provided 
in section three. Such relief shall not be contingent upon the filing of a complaint for 
divorce, separate support, or paternity action. 

If the plaintiff demonstrates a substantial likelihood of immediate danger of abuse, the 
court may enter such temporary relief orders without notice as it deems necessary to 
protect the plaintiff from abuse and shall immediately thereafter notify the defendant 
that the temporary orders have been issued. The court shall give the defendant an 
opportunity to be heard on the question of continuing the temporary order and of 
granting other relief as requested by the plaintiff no later than ten court business days 
after such orders are entered. 

Notice shall be made by the appropriate law enforcement agency as provided in section 
seven. 

If the defendant does not appear at such subsequent hearing, the temporary orders 
shall continue in effect without further order of the court. 



-28- 



209A § 5. 

Granting of relief when court closed; certification 

When the court is closed for business, any justice of the superior, probate and family, 
district or Boston municipal court departments may grant relief to the plaintiff as 
provided under section four if the plaintiff demonstrates a substantial likelihood of 
immediate danger of abuse. In the discretion of the justice, such relief may be granted 
and communicated by telephone to an officer or employee of an appropriate law enforce 
ment agency, who shall record such order on a form of order promulgated for such use by 
the chief administrative justice and shall deliver a copy of such order on the next court 
day to the clerk-magistrate of the court having venue and jurisdiction over the matter. If 
relief has been granted without the filing of a complaint pursuant to this section of this 
chapter, then the plaintiff shall appear in court on the next available business day to file 
said complaint Notice to the plaintiff and defendant and an opportunity for the 
defendant to be heard shall be given as provided in said section four. 

Any order issued under this section and any documentation in support thereof shall be 
certified on the next court day by the clerk-magistrate or register of the court issuing 
such order to the court having venue and jurisdiction over the matter. Such certification 
to the court shall have the effect of commencing proceedings under this chapter and 
invoking the other provisions of this chapter but shall not be deemed necessary for an 
emergency order issued under this section to take effect 



209A § 6 

Powers of police 

Whenever any law officer has reason to believe that a family or household member has 
been abused or is in danger of being abused, such officer shall use all reasonable means 
to prevent further abuse. The officer shall take, but not be limited to the following 
action: 

(1) remain on the scene of where said abuse occurred or was in danger of occurring as 
long as the officer has reason to believe that at least one of the parties involved would be 
in immediate physical danger without the presence of a law officer. This shall include, 
but not be limited to remaining in the dwelling for a reasonable period of time; 

(2) assist the abused person in obtaining medical, treatment necessitated by an assault, 
which may include driving the victim to the emergency room of the nearest hospital, or 
arranging for appropriate transportation to a health care facility, notwithstanding any 
law to the contrary; 

(3) assist the abused person in locating and getting to a safe place; including but not 
limited to a designated meeting place for a shelter or a family member's or friend's 
residence. The officer shall consider the victim's preference in this regard and what is 
reasonable under all the circumstances; 

(4) give such person immediate and adequate notice of his or her rights. Such notice 
shall consist of handing said person a copy of the statement which follows below and 
reading the same to said person. Where said person's native language is not English, the 
statement shall be then provided in said person's native language whenever possible. 

"You have the right to appear at the Superior, Probate and Family, District or Boston 
Municipal Court, if you reside within the appropriate jurisdiction, and file a complaint 
requesting any of the following applicable orders: (a) an order restraining your attacker 
from abusing you; (b) an order directing your attacker to leave your household, building 
or workplace: (c) an order awarding you custody of a minor child; (d) an order directing 
your attacker to pay support for you or any minor child in your custody, if the attacker 
has a legal obligation of support; and (e) an order directing your attacker to pay you for 
losses suffered as a result of abuse, including medical and moving expenses, loss of 
earnings or support costs for restoring utilities and replacing locks, reasonable attorney's 
fees and other out-of-pocket losses for injuries and property damage sustained. 

For an emergency on weekends, holidays, or weeknights the police will refer you to a 
justice of the superior, probate and family, district or Boston municipal court depart- 
ments. 

-29- 



209A §6 (cont.) 

You have the right to go to the appropriate district court or the Boston municipal court 
and seek a criminal complaint for threats, assault and battery, assault with a deadly 
weapon, assault with intent to kill or other related offenses. 

If you are in need of medical treatment, you have the right to request that an officer 
present drive you to the nearest hospital or otherwise assist you in obtaining medical 
treatment. 

If you believe that police protection is needed for your physical safety, you have the 
right to request that the officer present remain at the scene until you and your children 
can leave or until your safety is otherwise ensured. You may also request that the 
officer assist you in locating and taking you to a safe place, including but not limited to a 
designated meeting place for a shelter or a family member's or a friend's residence, or a 
similar place of safety. 

You may request a copy of the police incident report at no cost from the police 
department." 

The officer shall leave a copy of the foregoing statement with such person before 
leaving the scene or premises. 

(5) assist such person by activating the emergency judicial system when the court is 
closed for business; 

(6) inform the victim that the abuser will be eligible for bail and may be promptly 
released; and 

(7) arrest any person a law officer witnesses or has probable cause to believe has 
violated a temporary or permanent vacate, restraining, or no-contact order or judgment 
issued pursuant to section eighteen, thirty-four B or thirty-four C of chapter two hundred 
and eight, section thirty-two of chapter two hundred and nine, section three, four or five 
of this chapter, or sections fifteen or twenty of chapter two hundred and nine C. When 
there are no vacate, restraining, or no-contact orders or judgments in effect, arrest shall 
be the preferred response whenever an officer witnesses or has probable cause to believe 
that a person: 

(a) has committed a felony; 

(b) has committed a misdemeanor involving abuse as defined in section one of this 
chapter; 

(c) has committed an assault and battery in violation of section thirteen A of chapter 
two hundred and sixty-five. 

The safety of the victim and any involved children shall be paramount in any decision to 
arrest. Any officer arresting both parties must submit a detailed, written report in 
addition to an incident report, setting forth the grounds for dual arrest. 

No law officer investigating an incident of domestic violence shall threaten, suggest, or 
otherwise indicate the arrest of all parties for the purpose of discouraging requests for 
law enforcement intervention by any party. 

No law officer shall be held liable in any civil action regarding personal injury or injury 
to property brought by any party to a domestic violence incident for an arrest based on 
probable cause when such officer acted reasonably and in good faith and in compliance 
with this chapter and the statewide policy as established by the secretary of public safety. 

Whenever any law officer investigates an incident of domestic violence, the officer shall 
immediately file a written incident report in accordance with the standards of the officer s 
law enforcement agency and, wherever possible, in the form of the National Incident- 
Based Reporting System, as defined by the Federal Bureau of Investigation. The latter 
information may be submitted voluntarily by the local police on a monthly basis to the 
crime reporting unit of the criminal history systems board. 

The victim shall be provided a copy of the full incident report at no cost upon request to 
the appropriate law enforcement department. 

When a judge or other person authorized to take bail bails any person arrested under 
the provisions of this chapter, he shall make reasonable efforts to inform the victim of 
such release prior to or at the time of said release. 

When any person charged with or arrested for a crime involving abuse under this 
chapter is released from custody, the court or the emergency response judge shall issue, 
upon the request of the victim, a written no-contact order prohibiting the person charged 
or arrested from having any contact with the victim and shall use all reasonable means to 
notify the victim immediately of release from custody. The victim shall be given at no 
cost a certified copy of the no-contact order. 

-30- 



209A §7 

Court orders; service; enforcement; violations 

Whenever the court orders under sections eighteen, thirty-four B, and thirty-four C of 
chapter two hundred and eight, section thirty-two of chapter two hundred and nine, 
sections three, four and five of this chapter, or sections fifteen and twenty of chapter two 
hundred and nine C, the defendant to vacate, refrain from abusing the plaintiff or to have 
no contact with the plaintiff or the plaintiffs minor child, the register or clerk-magistrate 
shall transmit two certified copies of each such order and one copy of the complaint and 
summons forthwith to the appropriate law enforcement agency which, unless otherwise 
ordered by the court, shall serve one copy of each order upon the defendant, together 
with a copy of the complaint, order and summons. The law enforcement agency shall 
promptly make its return of service to the court- 
Law enforcement officers shall use every reasonable means to enforce such abuse 
prevention orders. Law enforcement agencies shall establish procedures adequate to 
insure that an officer on the scene of an alleged violation of such order may be informed 
of the existence and terms of such order. The court shall notify the appropriate law 
enforcement agency in writing whenever any such order is vacated and shall direct the 
agency to destroy all record of such vacated order and such agency shall comply with that 
directive. 

Each abuse prevention order issued shall contain, the following statement VIOLA- 
TION OF THIS ORDER IS A CRIMINAL OFFENSE. 

Any violation of such order shall be punishable by a fine of not more than five thousand 
dollars, or by imprisonment for not more than two and one-half years in a house of 
correction, or by both such fine and imprisonment Where the defendant has no prior 
record of any crime of violence and where the court believes, after evaluation by a 
certified or provisionally certified batterer's treatment program, that the defendant is 
amenable to treatment the court may, in addition to any other penalty, order appropriate 
treatment as specified in this section. If a defendant ordered to undergo treatment has 
received a suspended sentence, the original sentence shall be reimposed if the defendant 
fails to participate in said program as required by the terms of his probation. 

When a defendant has been ordered to participate in a treatment program pursuant to 
this section, the defendant shall be required to regularly attend a certified or provisionally 
certified batterer's treatment program. To the extent permitted by professional require- 
ments of confidentiality, said program shall communicate with local battered women's 
programs for the purpose of protecting the victim's safety. Additionally, it shall specify 
the defendant's attendance requirements and keep the probation department informed of 
whether the defendant is in compliance. 

In addition to. but not in lieu of. such orders for treatment if the defendant has a 
substance abuse problem, the court may order appropriate treatment for such problem. 
All ordered treatment shall last until the end of the probationary period or until the 
treatment program decides to discharge the defendant whichever comes first When the 
defendant is not in compliance with the terms of probation, the court shall hold a 
revocation of probation hearing. To the extent possible, the defendant shall be respon- 
sible for paying all costs for court ordered treatment 

In each instance where there is a violation of an abuse prevention order, the court may 
order the defendant to pay the plaintiff for all damages including, but not limited to. cost 
for shelter or emergency housing, loss of earnings or support out-of-pocket losses for 
injuries sustained or property damaged, medical expenses, moving expenses, cost for 
obtaining an unlisted telephone number, and reasonable attorney's fees. 

Any such violation may be enforced in the superior, the district or Boston municipal 
court departments. Criminal remedies provided herein are not exclusive and do not 
preclude any other available civil or criminal remedies. The superior, probate and family, 
district and Boston municipal court departments may each enforce by civil contempt 
procedure a violation of its own court order. 

The provisions of section eight of chapter one hundred and thirty-six shall not apply to 
any order, complaint or summons issued pursuant to this section. 



-31- 



209A §8 

Address of plaintiff; exclusion from court documents; confidentiali- 
ty of records 

Upon the request of the plaintiff, the court shall impound the plaintiffs 
address by excluding same from the complaint and from all other court 
documents which are available for public inspection, and shall ensure that the 
address is kept confidential from the defendant and defendant's attorney. 

The records of cases arising out of an action brought under the provisions 
of this chapter where the plaintiff or defendant is a minor shall be withheld 
from public inspection except by order of the court; provided, that such 
records shall be open, at all reasonable times, to the inspection of the minor, 
said minor's parent, guardian, attorney, and to the plaintiff and the plaintiffs 
attorney, or any of them. 



209A § 9. 

Form of complaint; promulgation 

The administrative justices of tne superior court, probate and family court, 
district court, and the Boston municipal court departments shall jointly 
promulgate a form of complaint for use under this chapter which shall be in 
such form and language to permit a plaintiff to prepare and file such 
complaint pro se. 



-32- 



OTHER STATUTES REFERRED TO IN CHAPTER 209A 
M.G.L. c. 208: DIVORCE 

208 § 18. 

Pendency of action for divorce; protection of personal liberty of 
spouse; restraint orders authorized 

The probate court in which the action for divorce is pending may, upon petition of the 
wife, prohibit the husband, or upon petition of the husband, prohibit the wife from 
imposing any restraint upon her or his personal liberty during the pendency of the action 
for divorce. Upon the petition of the husband or wife or the guardian of either, the court 
may make such further order as it deems necessary to protect either party or their 
children, to preserve the peace or to carry out the purposes of this section relative to 
restraint on personal liberty. 

Amended by §£.1989, c. 341, § 93. 



208 § 34B 



Order to vacate marital home 

Any court having jurisdiction of actions for divorce, or for nullity of 
marriage or of separate support or maintenance, may, upon commencement 
of such action and during the pendency thereof, order the husband or wife to 
vacate forthwith the marital home for a period of time not exceeding ninety 
days, and upon further motion for such additional certain period of time, as 
the court deems necessary or appropriate if the court finds, after a hearing, 
that the health, safety or welfare of the moving party or any minor children 
residing with the parties would be endangered or substantially impaired by a 
failure to enter such an order. The opposing party shall be given at least 
three days' notice of such hearing and may appear and be heard either in 
person or by his attorney. If the moving party demonstrates a substantial 
likelihood of immediate danger to his or her health, safety or welfare or to 
that of such minor children from the opposing party, the court may enter a 
temporary order without notice, and shall immediately thereafter notify said 
opposing party and give him or her an opportunity to be heard as soon as 
possible but not later than five days after such order is entered on the 
question of continuing such temporary order. The court may issue an order 
to vacate although the opposing party does not reside in the marital home at 
the time of its issuance, or if the moving party has left such home and has not 
returned there because of fear for his or her safety or for that of any minor 
children. 
Added by St.1970, c. 472. Amended by St.1975, c. 321; St.1975, c. 400, § 35. 



-33- 



M.G.L. c. 208: DIVORCE (Cont.) 

208 § 34C. 



Orders to vacate marital home and orders of restraint; notice to law 
enforcement agencies; procedures; violations 

Whenever a division of the probate and family court department issues an order to 
vacate under the provisions of section thirty-four B, or an order prohibiting a person from 
imposing any restraint on the personal liberty of another person under section eighteen or 
under the provisions of section thirty-two of chapter two hundred and nine or section 
three, four or five of chapter two hundred and nine A or section fifteen or twenty of 
chapter two hundred and nine C or an order for custody pursuant to any abuse prevention 
action, the register shall transmit two certified copies of each order forthwith to the 
appropriate law enforcement agency which shall serve one copy of each such order upon 
the defendant Unless otherwise ordered by the court, service shall be by delivering a 
copy in hand to the defendant Law enforcement officers shall use every reasonable 
means to enforce such order. Law enforcement agencies shall establish procedures 
adequate to insure that an officer at the scene of an alleged violation of such order may 
be informed of the existence and terms of such order. 

The court shall notify the appropriate law enforcement agency in writing 
whenever any such order is vacated by the court and shall direct the agency to 
destroy all records of such vacated order and such agency shall comply with 
such directive. 

Any violation of such order shall be punishable by a fine of not more than 
five thousand dollars or by imprisonment for not more than two and one-half 
years in the house of correction, or both such fine and imprisonment. Each 
such order issued shall contain the following statement: VIOLATION OF 
THIS ORDER IS A CRIMINAL OFFENSE. 

Any such violation may be enforced in the superior or district or Boston 
municipal court departments. Criminal remedies provided herein are not 
exclusive and do not preclude any other available civil or criminal remedies. 
The superior, probate and family, district and Boston municipal court depart- 
ments may each enforce by civil contempt procedure a violation of its own 
court order. 



-34- 



M.G.L. c. 209C: CHILDREN BORN OUT OF WEDLOCK 

209C § 15 

Temporary orders; final judgments; enforcement 

At any time pursuant to an action under this chapter, the court may upon motion of any 
party or on its own motion issue a temporary order or final judgment including a vacate, 
restraining or no-contact order to protect a party or child- Any such order or judgment, 
including a custody provision if issued by a probate court, shall be served as specified 
under sections four and seven of chapter two hundred and nine A and shall contain the 
following statement VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. 
Criminal violations of such orders shall be enforced pursuant to section seven of chapter 
two hundred and nine A. 

The court may, in like manner, upon motion of any party or of a next 
friend on behalf of the child, and upon notice to the other parties, enter 
temporary orders providing for the support of the child or relative to the care 
and custody of the child or visitation rights with the child in accordance with 
the provisions of sections nine and ten. 

All orders entered pursuant to this section, unless modified or revoked pursuant to 
section twenty or twenty-three of cltapter two hundred and nine C, shall continue in force 
and be incorporated in the final judgment Violations of any order or judgment may be 
punished as contempt 



209C § 20 

Modification of judgments; jurisdiction 

A court with original jurisdiction pursuant to section three has continuing jurisdiction 
upon a complaint filed by a person or agency entitled to file original actions, to modify 
judgments of support, custody or visitation whenever a substantial change in the 
circumstances of the parties or the child has occurred, provided however, that no 
modification concerning custody or visitation shall be granted unless the court also finds 
it to be in the child's best interests to do so. Except as restricted by section twenty-three 
the court may also modify a judgment to protect a party or child 



-35- 



M.G.L. c. 265: CRIMES AGAINST THE PERSON 



265 § 13A 



Assault or assault and battery; punishment 

Whoever commits an assault or an assault and battery upon another shall 
be punished by imprisonment for not more than two and one half years in a 
house of correction or by a fine of not more than five hundred dollars. 

A summons may be issued instead of a warrant for the arrest of any person 
upon a complaint for a violation of any provision of this section if in the 
judgment of the court or justice receiving the complaint there is reason to 
believe that he will appear upon a summons. 



-36- 



Pre-Court Forms and Procedures 



TRIAL COURT OF THE COMMONWEALTH 

APPLICATION FOR ABUSE PREVENTION ORDER 

ABUSE PREVENTION ORDER 

FOR USE BY POLICE DEPARTMENTS AFTER COURT HOURS 

"When the court is closed for business, any justice of the supenor. probate and family, district or Boston municipal coun 
departments may grant relief to the plaintiff... if the plaintiff demonstrates a substantial likelihood of immediate danger of aouse in tne 
discretion of the justice, such relief may be granted and communicated by telephone to an officer or employee of an appropriate law 
enforcement agency, who shall record such order on a form of order promulgated tor such use by tne chief administrative lustice ana snail 
deliver a copy of such order on the next coun day to the ciern-magistrate of the court having venue and jurisdiction over tne 
matter.... 

"When any person charged with or arrested for a cnme involving abuse under this chapter is released from custody, the coun or me 
emergency response judge shall issue, upon reauest of the victim, a wntten no-contact order prohibiting the person charged or arrested from 
having any contact with the victim and shall use all reasonable means to notify tne victim immediately of release from custody. The victim snail 
be given at no cost a certified copy of the no-contact order." 

-G.L. c. 209A. §§ 5 & 6 

INSTRUCTIONS FOR POLICE OFFICERS 

1. USE OF THIS FORM. This forms package has been promulgated by the Chief Administrative Justice of the Massachusetts Tnal Coun 
• pursuant to G.L. c. 209A §§ 5 & 6 tor use by police Departments to record an Abuse Prevention Order issued by a judge over the telephone 

when the coun is closed for business. Additional supplies of this forms package may be obtained from your local District Coun. Please 
keep any supplies of these forms under adequate secunty to prevent misuse. 

2. SEPARATING THE TWO FORM SETS IN THIS PACKAGE. First remove this instruction sheet from the forms package Then separate 
the two form sets that make up this package (one is the "Complaint." the other is the "Order") by pulling apart the two form stubs that hold 
each form set together. Do not separate the individual parts of each form which are attached to the two form stubs. 

3. COMPLAINT. It is preferable to have the plaintiff complete and sign the Complaint form set before contacting a judge, if the plaintiff is 
able to do so. Please pnnt in ballpoint pen and press hard enough so that all tour pans are legible. There are instructions which the plaintiff 
may refer to on the back of the Complaint form set. 

in appropriate circumstances, a judge may issue an Order without the plaintiff having completed and signed a written Complaint. If 
the judge does so. please discard the Complaint form aet and advise the plaintiff that G.L. c. 209A. § 5 requires the plaintiff to appear 
in coun on the next business day to file auch a Complaint. 

4 AFFIDAVIT. After the Complaint form set has been completed and signed, separate tne three pans from the form stub that holds them together. Turn 
over the onginal (first white) pan and ask the plaintiff to describe the details of the abuse on the "Affidavit" form printed there. When the Affidavit is 
complete, please indicate by your signature that you have witnessed the plaintiffs signature on the Affidavit. 

in appropnate circumstances, a judge may dispense with the need tor an Affidavit. If the fudge does so. leave the Affidavit form blank. 

5. ORDER. Read or summanze the Complaint and Affidavit over the telephone as requested by the pudge. If the judge issues an Order, please complete 
Section A of the Oroer form set. item by item, as the judge directs. Please print m ballpoint pen and press harp enough so that all six parts (wnne 
original white prooation copy, pink, blue, yellow and green copies) are legible. Leave the space tor "Docket No." blank, but please remember to enter 
the name and address of the coun where the judge makes the Order returnable. Print your name and police department, and pnnt the name of the 
judge issuing the Order, in the appropnate spaces Do not write m Sections B and C of the form. Pnnt the name of the "First or Administrative Justice* 
as inoicated by tne issuing judge. Leave blank the space tor the Clerk-Magistrate or the Register of Probate to attest the Order. 

6. COLLATE AND DISTRIBUTE COPIES. Separate the six pans of the Order form set from the form stub that holds them together. If the 
plaintiff has completed the Complaint form, match up and staple together the tour copies of the Complaint form with the matching-coior 
copies of the Order form: the original white (coun) copies, the wmte (probation) copies, the pink (plaintiff's) copies, and the yellow 
(defendant's) copies. 

Give tne pink copies of the Complaint and Order to the plaintiff. 

Deliver tne white (original) copies and the white (pronation > copies of the Complaint and Order on the next business day to the clerk- 
magistrate or register of the coun where the Oroer is returnable. If tne plaintiff's address has been impounded, please take appropnate 
care to ensure that these white copies of the Complaint, which bear the plaintiff's addreas. are not seen by the defendant or the 
defendant's counsel. 

Arrange for the yellow copies of the Complaint and Order to be served on the defendant as aoon as possible. If service on the 
defendant cannot be made before the date and time of hearing snown in the Oroer. service of additional Orders mey be necessary. 

The two remaining copies of the Oroer are tor police use: the blue copy of the order is tor your rocoros: the green copy of the Oroer 
may be used tor the return of service that must be fileo with the coun. 

FA-3 (7/92) 



-37- 



FFJOM ABUSE (G.l_ c. 209A) 



USE 



HiAi. ouun i or MHiiMonuaL 113; 



|MKT| BOSTON MUNICIPAL 

1 1 ! COURT 



DISTRICT COURT 



* 



PROBATE & FAMILY COURT 



\ptfcr\ NAME OF PLAINTIFF (me person seewmg protection! 



SUPERIOR COURT 



-»?-<- 



1 2 





3A 


Wme your aaoress nere it you «re NOT asking me Coun 
to Keeo ft contiOenuaJ 






Davtime 



NAME OF DEFENDANT (me person causing souse 



D£F. DATE OF BIRTH 



DEFENDANTS ALIAS, if ANY 



DEFENDANTS ADDRESS 



MALE 
FEMALE 



(PART 
6 



'PART! 
3 ' 



Pnone No: L 



.) 



I Wnte your aaoress nere onry rf vou are aswng me Coun 
to Keep it CONFIDENTIAL (mat is. rmpounoeoi 



3B 



I 



Davtime 
Pnone No: 



.) 



iPARTl " vou left a former resioence to avoio aouse. wnte mat aaoress nere: 



IDEFENQAVS 
10-mMF »M0NE 



DEFENDANTS SOC. SEC NO. 



DEFENDANTS PLACE OF BIRTH 



DEFENDANTS MOTHER'S MAJDEN NAME (First & Lasti 



DEPENDANTS FATHER'S NAME (First & Last) 



(PART 
5 



Name or your attorney I ft any): 



PARTI 



im 



jam not unoer me age ot e*gnteen. 



Th* oetenoant 



is 



i is not unoer the aoe of eighteen. 



PART 

I 7 



Are mere any poor or penotng court actions in any state or country 
involving you ana me oetenoant tor divorce, annulment, paternity, eruid 
custoay or support. guarOiansmp. seoarate suopon. legal seoarauon. 
or aouse prevention? 

! : No ! Yes If Yes. give coun. type ot case, oate ana Of 

avaiiaoie) aocxet number 



PART 

9 



CHECK AS MANY AS APPLY: The oetenoant ana I 

1 I are currently married to each other 

were f o rmat ly mamed to aacn omer. 

L_i are not mamad but we are related to each otner oy wooa or 
mama ge: spaaticalty. me oatenoant is my ______________ 



□ are tne p*~us ot one or more cnunren 
I — J are not ratatad but we now live m me same housanoia. 
i__! are or ware m a aatmg or engagement reiationsmo ot the 
following nature: 
Dale telsnoranip oeoan. _____________________ 

Nature of ratatwnahio: ______________________ 



Freouancy ot contain dunng reiationsniD 



It H has ended, date re—toonshio ended: 



On or aoout (dates) 



, attemptea to cause me physical harm 

causeo me pnysical harm 

Therefore: 



____________ I suftereo abuse when the oetenoant 

placed ma n tear of wren—a nt aanous physicai harm. 

caused me unwittingly to engage m sexual relations Py force, threat ot force, or Duress 



1 1 asK tne Coun to oroer me oetenoant to stop aousmg me. 

: 2. 1 ask tne Coun to oroer the oetenoant not to contact me. or any ctuidiren) listed batow. unless authorueo by me Coun. 

3. 1 ask me Coun to oroer the oatenoant to leave ana remain away from my re s ioanoe which b located at: 

if this is an aoarrmem Quitomg or other mutuoie family awaiting, ense* here: 1 
- 4. 1 ask tne Coun to impouno my aaoress to prevent its Orsctosure to tne oetenoant. tne defenoant's attorney, or the pudlic. 

Do not enec* nam 4 if you wrote your aaoress in Part 3A aoove. 
5. 1 ask the Coun to oroer tne oeten oa nt to leave ano remain away from my workplace winch is located at: 



I PART 1 
10 : 



6 I ask me Coun to awaro me temporary custoov of the toltowmQ chrtoren unoer 18 



N L 

A l_ 

m r 

E ~ 



OATE 

OF 
BIRTH 



I 



You may not obtain an Order from 
the Boston MuruccoaJ Court or a 
Distnct or Superior Court c overing 
items (6) or (7) m Pan 10 if there 
is a prior or pending Order tor 
custody or support from the 
Prooate and Famey Court. 



i ask the Coun to o roer me oetenoant. who has a legal obligation to do so. to cay 

temoorary suooort: L_— J tor me. I for any enitdtreni m my custoov ' tor pom. 

1 ask me Coun to oroer the defendant to pay me S ________ m co m p en s ation tor me following losses suffered as a direct result of the 



aouse: 



9 1 ask me Coun to oroer tne following: 



DATE 



10. 1 ask me Coun to oroer the renef 1 have raouestea aoove. exceot tor items (T> ana (8). without aovance notice to me oetenoant because mete is 
a suostantiai iikeunooo of imrnecuate aanoer ot aouse 1 unoerstana mat rf the Coun issues sucn a temoorary Oroer. tne Coun win scneome a 
neanno wimm 10 coun pusmess oavs to determine wnemer sucn a temoonw Oroer snouto oe continued ana mat 1 must appear in coun on 
mat oav it 1 wan me Oroer to oe continued 



PLAINTIFF- S SIGNATURE 



-38- 



AFFIDAVIT 



Descnoe in oataii me mosr rmcmrn w a o wi ot aouae. Sune wnai naoocnao tne aaiea wno 010 wmi 10 «nr 
anc oa acno a any num. Aiso oaacnoa any rustorv ot aouae. 



On or about 



. 199 , the defendant 



I ! 



anaen aoaraanai oaget ana omch ma ooi 



I aectare unaer penalty ot penury mat all statements of tact maoe aoove. or in any additional pages artaenea. are true 


DATE SIGNED 


PLAINTIFFS SIGNATURE 

i 

I X 


1 


WITNESSED BY 


| PRINTED NAME OF WITNESS j TITLE/RANK Of WITNESS 

1 i 





-39- 



INSTRUCTIONS TO THE PLAINTIFF 



i 



HOW DOES THE LAW PROTECT YOU FROM ABUSE? 



Unoer cnaoter 209A of me Maaaacnuaetts Genera) Laws, mopes can matte Oroan to protect oeooa tram iojm dv tarray or h ow — W O M mm mo m n These oroen 
will oe recoraeo ano entorcefl ov 4aw a morce Tra nt agsneas. Thsy ara commonly cased "Abuse P revent a n Oroan' or " H aa jajnaig Omars* or "209A Oroen ' 

-Aouse irouoes causing you pnysicai narm. ane n sju ng to cauaa you pnysicaJ narm. piaang you m tear of wmrnmn aanous prrysiCBJ narm or causing you to 
engage m sexuai raiauons agamsi your writ oy force, tnreat or auras*. 

A lamirv or nousenoto memoer" may memoe your soouae or former soousc. a native ov 0*000 or rnamaga. tna otner parent of your enua. a person wno »vts 
or formerly uvea m your nousenota. or a person wno a or was m a auostamiva oaong or angagamam reunortsntp wim you 

2. WHERE DO YOU OBTAIN SUCH AN ORDER? 

You rnav raouast sucn an Oroar tram a wooe of any of ma tdaowetg courts ma Boston MuncaaaJ Court, ma Damn Court, me Prooate ana Famnv Court, or 
me Suoenor Coun To oo so. you must go to me othce of me Can-Magatrate or me R s gaw er of Prooate at me courmouae rarvajon'i in tne area m wnien vou *ve 
You can tine out from your locaj ooirce oeoanment wntcn court arvaion s m tne area wnare you *ve it you nave tan your restoence to avoio aouse vou ma, aiso 
go to tne coun m me area ot vour former rasoence 

in an emergency mat occurs after court noun or on wee w onc s . you may as* vour local oouca to out you n co n ta ct wrtn a mage 



HOW DO YOU OBTAIN SUCH AN ORDER? 



Fill out entirely tne front of tms app ucaiio n rComoiairrO There is no filing lee You are me -DUurmff* The parson wno you auage is aousmg you is me 
"oatenoant" 

Pan 3. if you an not astting me court to kasp your currant aoorass co rrhoamiai. wme vour aoorass m ^an 3A ana leave Pan 3B tear* if vou are asamg me 
coun to «eco your aaorass confioantiai (Oy 'rmooumng* it), wme your aoorass in Pan 3B ano leave Pan 3A wan*. An aoorass wrman m Pan 3B wm aooaar onrv 

on a aeoarate c-ece of oaoer aaai it m an envelope 

mat sucn ca 



la "motion 



taes are not ooan to ouoiic raoaenon. ana 
18. ft you ana ma oetenoant are com over 
it wai not be ouoecty eveiaoa it you nave 
I asiung tna moge to oo so. Usually a 



on me «mt cooy of tnrs form wncn will oe naot by ma coun. it you oreter. you mav wnta your name ano 
maneo •Puu«m»t s address — CONFTDEwnAi.' ana staota tna envel op e to ma coun iwnnei copy of ma form 

Pan 6. if ermar you or me oetenoant r> unoar tne age of 18. moicaia mat in Pan 6. The aw 
are avaiiaoie omv to tne ounmrf! me oairmfft anomey. ma person unoar 18. or a oaram or guaroan of 
18 coun recoras of mis matter win geraraay oe ooan to ouonc msoscnon If me moge oroan your 
gooa reasons to as* me moge to aeeo otner pans of me coun raooro confioanuai. you may file a wrmen 
general oreterer.ee tor pnvacv is not nseit a sufficient reason to permit coun re co r as to oe sect co nti o a nu BJ. 

Pan 7. ;t you answer "Yes", piaaie ormg wim you to tne D a u r m o uaa any tegai oaoen you nave tram any sucn court oraceaoing 

Pan 10. moicate tne type of aouse you neve sufteraa. ana me meet you an raauestrng. m item 8. est any hrancaJ was you nave sufterea as a oeect result 
of tne aouse : ucn losses may inciuoe out are not irrmtea to. lost earnings or suooon. costs for rasters ej . mamas reoacements costs for tocus or oersonai prop er ty 
removea or oe^trovea meaicai ano moving exoeraes. ana raasonaoie attorneys teas Generally trie Coun wai aaow raouasts unoar items (7) ana (8) orwy atter tne 
oetenoant nas oeeo given an opportunity to be neara 

if vou are nsouesting ranef after coun noun, or if me Coun omeiwr a e reotares. you must wme out a sworn suue nant aaacnbaiQ me aouse tan "attKlavrO 
it an aftioavit is reouireo. aner fiiimg out me tram of ma form oetacn me first <wnne> copy from me rem e ssng copras, turn n over ana wme your aftiaavrt on me 
oacK 



IF YOU ARE REQUESTING CUSTODY OF A CHILD 




rf you an roouaaong mat me Court grve you temporary custody of a mmer chad or efaora 


n. you must fee esang wim 


mis form a swom statement ujn "amoavrO exscaaig another mare are any osier pejaajej or eo 


neaaaad court ram eamngi 


involving tna care or cuatooy of that crao or craoren. armar m Mi ibmi or m any otner a 


arte or cuunuy. The Cam- 


Magistrate s office or me Reaastr of Prooate* office at tne courmouae w*i prowdad you wdh a 


besra " Affidavit narmaaaj 


Care ana Custooy Proceearngs* to fill out ana sign 




If mere a a pner or oenomg Oroer tor suooon or tor chad custoOy from the Prooate and Farraty Court, you may not 


oouun an oroer tram tne Boston Munaapal Court of a Dratnet or Suoenor Court regaro-ng support 


or crad cuatooy 



"You nave tne ngnt to appear at me Suoenor Prooate ana Femey. 
Oistnc: or Boston Municioai Coun it vou resioe witren tne aoproonate 
tunsoiciion anc *>ie a comouunt reouesmg any of me tonowmg 
aooncaoie oroers iai an oroer le s tr a w m w j your attacner tram sousing 
vou >D; an oroer oireeting vou- attacner to aeve vour 
ounomc c worxoiace ici an oroer awaromg you custoov of a 
enuo io. an oroer oireeting your artacner to oay suooon tor you or any 
minor cnuo :n vour custoov ■> tne attacKer nas a agai ooegatior of 
suooon ano lei an oraer oireeting your attacMer to or/ you for losses 
sunereo as a result ot souse meiuomg meorcaj ano m oving esoenses 
ioss ot earnings c suDDon costs tor ra s tonng utanas ana raoacmg 
iocks reasonaoie anomevs tees ano otner oui-©i-ooc*et losses tor 
miuries ano Draoerrv oamage sustamao 

c c an emergencv on e aawen o s nceoan or waa w e g n u . tne 
ooMce wm n*ier vou to a mstce ot tne suoenor. prooate ana tamey. 
orsmct or Boston municioai coun oeoarrmants 

"You navt me ngnt to go to me aooroorate oatnet coun or me 
Boston municioai coun ano see* a cnrm na i co m oa mi tor mreats. assaun 
ano oanerv assault wrm a oeaotv weapon assault wrm -mam to net or 
otner reiatea onenses 

"it vou are m neeo of meoicai t i e aii ia ni . you rave me ngnt to 
*eouesT mat an officer onrsem onve vou to me naaraii nosonai or 
otnerwise assist vou m ooummg meoicai treatment 

"tf vou oeneve mat oouce protec u on s naaoao for your pnyscai 
satetv vou navt tne ngnt to reouesi mat me oflreer praaam rarram at 
*ne scene unm vou ano vour cnuoren can leeve or until your safety « 
otnerwise ^nsuno you may aao reouest mat me ofheer assai you m 
ocatmg ano tamng you to a sale Dace, memoing out not arrnao to a 
"•signateo meetmg pace for a snetter or a tamnv rramoert or a manas 
ence or a simiar pace of satetv 

"You mav reouest a coov of tne oonce m o oe m reoon at no cost 
•ram me oonce oeoanment " 

GENftui uwvs. cx**-nr« 209A scctton 6 



"Ud. tane oareeno a 

su vacrnoano. ya sea et tnourai 
ei oe u t s i n to o * munrcrpai oe Boston, y 
a su 



el tnourai Que tenga Mtaoiccron 
ei oe B u eaej ora a y raiarmnai oe lamna. 

atsi oroemesi corrasoonoanteiai: uu 
bi: (b) una oroan oue a 



maioue ai egresor oue tane oue aoa noorar ei nogar. m aditicro o ei mgar oonoe traoaa. 
to una oroan oue a otorgue a UP. a custooa oe un manor oe eoaa: Idl una oroan 
mot can ooa ai egresor oue tane due oagane oan ar on aarranticia a UO. v a cuaiouar manor 
oe eoaa baro su custooa sampre y cuanoo ei egresor tenga a ooagacion agai oe oagar 
por su manutancrpn ici una oroan oue a rnoroue a) egresor oue a pague por as peroross 
sutnoas a coraecuenea oet mattrato. incruvenoo gastos meoi cos y oe murarvta oeroiaa 
oe saano o pension airmemica. gastos mcumaoa en e* mestaoa c imamo oe servens 
ouoi ico s igas aiactnciaao. taafonoi y camoro oa cerraouras: nonorano s razonaoas oe 
aoogaoos v otros gastos personam mcumooa a coraacueniLia oe teejones farcas o oahos 
a a proo aoa q. 

"En casos oe errargen ca os fmas oe serrara. das tsraoos o Ourame noras 
oe a nocne. a ooeca a laiaaa a un juez oat tnounai superior, ei oe lucsaanei y 
raacronas oe tamaa. ei oe oatmo. o * rrajreoxai oe Boston 

*ua tane oareeno a uiaaainaaa ante at tnourai oe oatmo aoraoaoa o at 
muraeroai oe Boston y a ootenoar una ouera a a cnmmai per mouvo oe arrarazas. 
acometimamo y agresion. agresron con arrra mortitera. agra s an eon enamo oe aseainato 
v otras otensas si mi a/ as 

"Si necesita servcros rraorcos. tane oeraeno a oeome ai poaca Que se 
encuemre on s e me oue a tava ai nosonai mas cercano o oue a ayuoe a ooterar oicnos 
■■rwtctai. 

"& cree oue racesna pro t e cc ton pee ca ca para ejaramaar su ssgunasd frsca. 
tane dereeno a oeome ai ooeca praa ar aa oue oermarazca en ei mgar rasta tamo UO. y 
sus nros oueaan ii aicnara e o rasta tamo se a garanuce su ssounoad personal. Tamoan 
puaoea oeome ai ponca oue a ayuoe a roamihcar un ano oue sea segura para Ltd. y due 
a save a encno mgar meiuyenoo. pare am erretarse a. un pump oa rauison nairgnami oara 
un retugw o a resroanca oe un oarame o un arregota). o cuaiouar otro sigar smwar 
oonoe se sama seouraioi. 

"Pueoe soncitane ai oaoanarramo oe a ooeca ceoa oet tmorme raatanoo e< 
m c ioeme. sm costo aiguno Lrres Qmrnauja. z. 209A. Secc-on 6 



-40- 



• Plain iirr i namc 



; DEFENDANTS NAME AND ADDRESS 



j H^J 

| DEFENDANTS MOTHER'S MAIDEN NAME (F*st & Last) 

I 



DEFENDANTS FATHER'S NAME (First & Last) 



! 



DEFENDANTS 5.S. NO. I DEFENDANTS ALIAS. IF AN Y 



IDEr DAYTIME PHONE 



A. THECOURT HAS ISSUED THE FOLLOWING ORDERS TO THE DEFENDANT: mm, «em S cnec*ea vw> aDo> yi 

This Oroer was tssueo wttr>out aavance "^"5 Oroer was cornrnunicatea Dy telephone from me iuage namea oeiow to 

Police Deot: 



notice oecause the Coun oetermtned 
tnat mere is a suDstantiai Imetinooa of 
immeaiate oanoer of aouse 



Police Officer 



YOU ARE ORDERED NOT TO ABUSE THE PLAINTIFF bv narmmg or anemDtjng to harm tne plaintiff pnvsicanv or Dy Dicing tne piamtrff ir. 
tear of rmmment senous onysicai narm. or Dy using force, tnreat or ouress to mane tne piamtfff engage in sexuai relations urrwwiingr> 

YOU ARE ORDERED NOT TO CONTACT THE PLAINTIFF or any cnifdfreni listea Detow either in person. Dy teteonone m wnting. or 

otherwise, either airectiy or tnrougn someone else, and to stay at least _______^_ yarns away from mem unless vou receive 

written permission from the Court to oo omerwise. 

YOU ARE ORDERED IMMEDIATELY TO LEAVE AND STAY AWAY FROM THE PLAINTIFFS RESIDENCE which is locateo at 

The Coun aiso ORDERS you ia) to surrenoer anv Keys to tnat rasioence to tne oiaintrff, (D) not to oamage anv oeiongmgs of me 
piamtrff or any omer occuoam. 10 not to snut oft or cause to De shut off any utilities or man aeiivery to tne Diainrrff. ana 10) not 
to in terfere in any way wrtn the plaintiff's ngnt to oossess tnat resioence. exceot Dy appropriate legal Droceeomgs 

If mis Dox is cnecKed. the Coun also ORDERS you immediately to leave ana remain awav from tne entire 

aoartment Duildmg or otner muitioie family oweiimg tn wnich the plaintiff's resioence is locatec 

PLAINTIFFS ADDRESS IMPOUNDED The Coun ORDERS tnat me adOress of the piamtrft's resioence is to oe imoounoeO Dy me Cier*- 
Magistrate or Register ot Pinnate so mat it is not aisciosea to you. your attorney, or tne puDiic 



5 YOU ARE ORDERED TO STAY AWAY FROM THE PLAINTIFF'S WORKPLACE wruch is located at 



6 


YOU ARE ORDERED TO SURRENDER CUSTODY of 


tne 


following childlren) to tne oiamrrtf: 


'■ N 






! ! 1 


i A 






! DATE J | 


|M 


i 




I or 

1 rirth|_ 


i E 






1 1 1 



VIOLATION OF 
THIS ORDER IS 
A CRIMINAL 
OFFENSE 
punishable bv 
imprisonment 
or fine or both. 



YOU ARE ORDERED TQ PAY SUPPORT for. 
_ montn ___ w een . oeginning__ 



me Diamtrff. 



ana tne chiiatren) hstea aoove. at me rate of S 



per 



199 i drrectty to tne piamtrff through me Propation 



Office of this coun. L_ tnrougn tne Massacnusetts Department of Revenue. 
6 YOU ARE ORDERED TO COMPENSATE THE PLAINTIFF tor_S__ in losses suftereo as a direct result of the aouse. to De oaia 

m tun on or oetore , 199 lOirectiy to the piamtrff I : tnrougn tne ProDation Office of this coun 

9. YOU ARE ALSO ORDERED 



DATE OF ORDER TIME OF ORDER 



AM 
PM 



EXPIRATION DATE OF ORDER 



| NEXT HEARING DATE at A.M. PM 

at A PM ' m Ctroom 



T he aoove Oroer exoires on tne exoiration oate moicatea aoove a neanng on wnetner 
to connnue ana/or to moaitv mis Oroer win oe neio on me oate ano time moicatea 



SIGNATURE OR NAME OF JUDGE 



B. PRIOR COURT ORDER EXTENDED. After a neanng at wnicn me oetenaant aopearea aia not aooear me Coun has 

ORDERED tnat tne onor Oroer aatea '99 snan continue in effect wimout cnanoe until the exDtranon aate oeiow 



DATE OF ORDER ' TIME OF ORDER 



AM 
PM 



EXPIRATION DATE OF ORDER 



I NEXT HEARING DATE at AM PM. 

at A PM. I m Ctroom 



The aoove Extension ot Oroer exoires on me expiration oate moicatea aoove A neanng on 
wnetner to continue ana/or moarfy mis Oroer will oe neio on tne aate ana time moicatea 



I SIGNATURE OR NAME OF JUDGE 



Tne piamtrff must appear at scneomea heanngs or mis Oroer mav oe vacated The oefenaant mav appear wrtn or wrtnout an attorney, to oppose any 
extension or exoansion of tnts Oroer. if trie oetenaam ooes not appear an extenoeo or exoanoea Oroer may remain in effect tor uo to one year 



c 



C. 



PRIOR COURT ORDER VACATED. Th,s 
Coun s one Oroer is vacatea. Law entorcemeni 
aoencies snan oestrov an recoros of sucn Oroer 



DATE 



SIGNATURE OR NAME OF JUDGE 



FIRST OR ADMINISTRATIVE JUSTICE 



A true coo. attest 



WITNESS 



Assistant) Cern-t/aoistraie — ssi^iani F\eois:e' c" '"zzz'.t 



-41- 



I 



I 



TMIS ORDER IS EFFECTIVE WHEN MADE. IF YOU HAVE BEEN ORDERED TO REkAAJN AWAY FROM A RARTICULAR RESIDENCE OR WORKPLACE YOU f»AAY 
BE ARRESTED IF YOU RETURN THERE- EVE N 9 YOU RETURN WTTH TME RCRMBSION OF THE PLAINTIFF IF TME RUUNTIFF IS NOW WILUNG TO HAVE 
YOU RETURN ME OR SHE MUST ARREAR BEFOR E TME COURT AMD ASK THAT TMB ORDER BE ENDED. UNTIL TME COURT ALLOWS SUCH A REOUEST 
AND "VACATES- TMIS ORDER fT WILL REMAJN IN EFFECT. 

II me oietnntt cnanoes acorns of resioenre or wrontoiace tne Lnaamrf mev im a nun bUMMM staong mat new aaoreu ana mis Oroi • m*v oe reissuec 
ov me Oer»-i*aotstr*te or Hegoiter o' Ffooeae wttn mat new aaoreu n nam 3 or 5 wimrxrt turmer Oroer ot me Coin 



for qooo cause ermer me o*arntffl or me oatanoant may reouast mc Coun to moatv ma Oroar O a ten fa scneouajo esorauon oate 



TO ANY OFFICER OF TME ROUCE DEPARTMENT TO WHICH TME COURT HAS DIRECTED TMIS ORDER 

PURSUANT TO G.L C. rt»A. § 6 THIS ORDER SHALL BE ENFORCED BY ANY LAW ENFORCEMENT OFFICER IN THE COMMONWEALTH WHO IS AWARE 
OP OR SHOWN A COPY OF THIS ORDER IF SERVICE ON THE DEFENDANT HAS NOT YET BEEN MADE ANY LAW ENFORCEMENT OFFICER SHAl^ 
ADVISE THE DEFENDANT OF THE TERMS OF THE ORDER AND THEN SHALL ENFORCE (T 



The YELLOW COPY of this Oroar must oe ssrveo on me oatanoant mwnaatatatv Pteeae return me GREEN COPY ot tna Oroer to me coun *.m vou' return 
ot service dock to any scneouteo near-no oatc. or new service mav oe reouwec 

Tna BLUE COPY of tna Oroer a lor your rtcoru 

•Wne never me court oroers . . me oeianciant to vacate, rattan from aousng me otarrtrtt or to nave no contact wrm tne otarmm or tne ooimrft s , 
mmor cnao tne reganer or Qem-magonnne tnaii transmit two camtaM c oow i of eacn tucr, oroer t u rmwit n to me aooroonate taw 

enforcement agency amen umeu OBUR— ■ oroer eo Oy me coun. snaji serv e one copy ot aacn oroar uoon me oatanoant The »» 

enforcement agency snail pro moWy maae m return ot afyio j to me coun 



'Law entor c emeni ofheers anaii use a vary raairaan* maani to entot c c sucn aouae preven ti on oraert. Law eni o i c ement a gan o oi snan esiaoiisn 
proceaures aoeouate to insure mat an omcer on me scene ot an aesgeo woe ro on of sucn oroer may oe mom w o of tna existence ana terms ot 
sucn oroer' 

G.L. c. 209A § 7 



ATENClON ESTE ES UN AVISO OFICIAL DE LA CORTE Si USTED NO SA8E LEER INGLES. OBTENGA UNA TRAOUCCION 

ATTENTION CECi EST UNE ANNONCE OFFicialE DU PALAIS DE JUSTICE SI VOUS ESTES INCAPABLE DE LIRE ANGLASE. OBTENE2 UNE TRADUCTION 

ATTENZIONE IL PRESENTS E UN AWISO UFTICIALE DAL TRIBUNALS SE NON SAPETE LEGGERE IN INGLESE. OTTENETE UNA TRADUZIONE 

ATENCAO ESTE £ UM AVISO OFICIAL 00 TRIBUNAL SE NAO SA8E LER INGLES OBTENHA UMA TRAOUCAO 

kUU Y DAY LA THONG BAO Chinh ThuC CUA TOA-AN NEU BAN KHONG DOC DUOC TIENG ANH HAY TIM NGUOl DICH h6 



-42- 



ftflTTSF PREVENTION INFORM ATTON FORM 

(Information provided by Plaintiff) Ui\ /\ p | 

COURT: DOCKET#: DATE: 

**#^#************************************ ************* 

A TTFNTTON • T0 as 5151 " police in locating/serving the defendant and 
fll I H>1^ liyj^t protecting the plaintiff, please provide as much 

INFORMATION AS POSSIBLE. 

^*********************************************=* :: * : **** : * : ^ 

PLAINTIFF'S NAME: TELEPHONE# 

home: 

ADDRESS: work: 



(unless confidential or impounded) other(s): 
PLAINTIFF'S RELATIONSHIP TO DEFENDANT? 



DEFENDANT'S NAME 

(LAST NAME) (FIRST NAME) (MI) 



HEIGHT: 
WEIGHT: 



ALIASES (OTHER NAMES DEFENDANT MIGHT USE) "if* 

EYES: 



DATE OF BIRTH: SEX: male 



FEMALE 



SOCIAL SECURITY^: RACE: 



DESCRIPTIVE INFO: 

(INCLUDE: MOUSTACHE, BEARD, GLASSES, SCARS, TATOOS, HAIR STYLE, ACNE, FRECKLES, ETC) 



PHOTOGRAPH OF DEFENDANT AVAILABLE? 
(PLEASE PROVIDE) PHOTO. REC'D? 



******************************** Prepared By: 

Pre-court Subconmit t 
* * of Domestic Violence 

Please complete other side. Roundtabie 1992 

-43- * 



DEFT. UNDERSTAND ENGLISH? 
(IF NOT) WHAT LANGUAGE? 



SPEAK ENGLISH? 



A.M. 



P.M. 



SFRVTCE: BEST PLACE 

DEFI7S ADDRESS: 

TEL.# 



BEST TIME 



VFPY IMPORTANT : APT.# 

NAME ON MAILBOX/DOORBELL: 



DEFT.'S EMPLOYER: 

WORK HOURS: 

WORK TEL.#: 



FLOOR# 



ADDRESS: 



POSITION/DEPT: 



OTHER PLACES DEFT. MAY BE FOUND: 

(Relatives, friends, hangouts, places frequented, etc.) 

DEFT.'S MOTOR VEHICLE REGISTRATION PLATE* 

YR: MAKE: MODEL: COLOR: 



DOES DEFENDANT HAVE: 



1. CRIMINAL RECORD? 

For What? 


Where? 
Outside MA? 


2. OUTSTANDING WARRANTS? 


Where? 


For What? 


Outside MA? 


3. PROBATION? 
PAROLE? 


Where? 
Where? 



4. UPCOMING COURT DATES? 
When? 

5. ACCESS TO GUNS? 
Where? 

6. LICENSE OR PERMIT FOR GUNS? 
When? 



Where? 



What Kind? 



Where? 



7. PSYCHIATRIC/EMOTIONAL PROBLEMS? Treated/Hospitalized? 
Where? When? 

8. DOES DEFENDANT USE/ABUSE DRUGS? 

USKABIZSE ALCOHOL? 

9. WILL DEFEND ANT BE HOSTILE/VIOLENT TO POLICE? 



-44- 



Police Guidelines 



SUMMARY OF POLICE DOMESTIC VIOLENCE GUIDELINES 

October. 1992 

Background : In response to the 1990 Amendments to c. 209A, 
these guidelines were developed by the Department of Public 
Safety to ensure uniform police procedure in responding to 
domestic violence calls. The following is a summary of the 
Police Guidelines. 

2.0: G.L. c. 2 9A. S 6: ABUSE PREVENTION LAW 

Subparts A through D detail the steps police must take in 
responding to domestic violence calls. 

Subpart E discusses how to activate the emergency judicial 
system through the state police when the court is closed 
for business. 

Subpart F requires the police to inform the victim that the 
abuser is eligible for bail and may be promptly released. 
In addition, the judge or other person authorized to take 
bail must make reasonable efforts to inform the victim of 
the abuser's imminent release. Upon request of the victim, 
a written no-contact order will be a condition of the 
abuser's release on bail. (c. 209A, § 6) 

Subpart G mandates that the police arrest any person the 
officer witnesses or has probable cause to believe has 
violated a temporary or permanent vacate , restraining, or 
no-contact order or judgment . 

Note that where probable cause exists, Chapter 209A 
specifically provides for warrantless arrests even if the 
victim is unwil ling to bring a complaint against the 
abuser. (c. 209A, § 6) 

Subpart H states that where no orders or judgments are in 
effect, arrest shall be the preferred response when an 
officer witnesses or has probable cause to believe that a 
person has committed: 

(1) a felony; 

(2) an assault and battery in violation of 
c. 265, § 13A; or 



-45- 



(3) a misdemeanor involving abuse. 

This provision is important because a misdemeanor 
involving abuse includes a "threat to commit 
crimes against the person or property of 
another." (c. 275, § 2) 

Definition of "a buse" under c. 2 09A. § 1 : 

(a) attempting to cause or causing physical harm; 

(b) placing another in fear of imminent physical 
harm; or 

(c) causing another to engage involuntarily in 
sexual relations by force, threat, or duress. 



The Guidelines set forth the statutory description of 
"family or household members" under c. 209A, § 1 who 
may bring an action for abuse protection. 



Dual ar rests are discouraged , because they trivialize 
the seriousness of domestic violence and increase the 
danger to victims. When dual arrests are made, 
officers must submit a detailed written report in 
addition to the incident report. 

A written incid ent report must be filed whether or not 
an arrest was made. Upon request, the victim is 
entitled to receive a copy of the incident report at 
no cost. 



Civil liability: 
liable for making 
the officer acted 
accordance with c 
§ 6) 



A police officer will not be civilly 
an arrest upon probable cause when 
reasonably, in good faith and in 
209A and the Guidelines, (c. 209A, 



3.0: PROCEDURES : 

3.1 Response 

Subparts A through E describe how officers should 
conduct themselves when they arrive at the scene of 
domestic, violence call. 

3.2 Investigation : Officers are reminded that the 
same standards for probable cause apply to domestic 
violence offenses as for any other crimes. 



-46- 



Sub parts All) through A(4) describe "private premises" 
and when officers must leave the scene. 

Subpart B notes that each party must have the 
opportunity to relate his or her story individually 
and confidentially. 

Subpart C directs officers to collect information in 
several categories. For example: 

Whether firearms are present and who owns them; 

Whether there has been past history of disputes 
and if any orders or judgments are in effect. 
Violation of any such order would trigger the 
mandatory arrest provision of c. 209A, § 6; 

Whether outstanding warrants exist; 

Whether a "substantive dating relationship" 
exists. Criteria the court will use in its 
determination is listed, (c. 209A, § 1(e)); 

Police must also provide victims with addresses and 
telephone numbers of crisis centers, shelters, and 
where appropriate, Victim Witness Assistance staff 
from the local District Attorney's office. 



3.3 Children : The welfare and safety of children who are 
present at a domestic dispute must be a major 
consideration. Officers are directed to make oral and 
written reports to DSS pursuant to c. 119, § 51A if they 
believe child abuse has occurred. 

3.4 Property : Police should warn any person who is being 
accused of removing, damaging or destroying property of the 
potential civil or criminal consequences of such action. 

3.5 Firearms : Responding officers should place all 
firearms into temporary custody. If the firearm cannot be 
seized: 

(a) a judge can order the defendant to surrender the 
firearm, license to carry, and FID card; and 

(b) a police chief can revoke the license or FID card 



-47- 



3.6 Incident Reports : Domestic violence cases are subject 
to the same reporting procedures as any other crime scene. 

3.7 Service of Orders : Service in hand unless otherwise 
directed by the court. Once an order has been issued by 
the court, officers should not accompany defendants back to 
the property for any reason without judicial 
authorization. The victim's safety should be considered in 
the timing of the service of any order. 



6827A 



-48- 



COMMONWEALTH OF MASSACHUSETTS 

DOMESTIC VIOLENCE 

STANDARDIZED LAW ENFORCEMENT GUIDELINES 

1991 

1.0 BACKGROUND. Among the most difficult and sensitive calls 
for police assistance are those involving domestic violence. 
When responding to a domestic disturbance, officers must be both 
alert and impartial, and must be concerned with the needs of 
victims where domestic violence is apparent or alleged. At the 
same time, officers must always anticipate the unexpected. What 
appears to be a dispute of a minor nature may quickly escalate 
into a conflict of dangerous proportions because of the poten- 
tially violent nature of such incidents. Domestic violence 
situations are often characterized by anger, frustration, in- 
tense emotion and a batterer's attempt to control household mem- 
bers. These feelings can easily be directed against the 
responding officers, who can suddenly become the focus and 
target of ensuing violence. It is not unusual for aggressive 
outbursts within families to lead to serious bodily injury or 
even death. For this reason, whenever possible, at least two 
police officers should be assigned to a domestic violence situa- 
tion unless immediate intervention is necessary to prevent 
serious physical harm. 

2.0 G.L. c. 209A ABUSE PREVENTION LAW (1991). Whenever any 
law officer has reason to believe that a family or household 
member has been abused or is in danger of being abused such of- 
ficer shall use all reasonable means to prevent further abuse. 
The officer shall take, but not be limited to, the following ac- 
tion: 

a. remain on the scene where the abuse occurred or 
was (or is) in danger of occurring as long as the 
officer has reason to believe that at least one of 
the parties involved would be in immediate physi- 
cal danger without the presence of a law officer 
for a reasonable period to prevent abuse; 

b. assist the abused person in obtaining medical 
treatment necessitated by an assault, which may 
include driving the victim to the emergency room 
of the nearest hospital, or arranging for ap- 
propriate transportation to a health care facil- 
ity, notwithstanding any law to the contrary; 

c. assist the abused person and dependent children in 

-49- 



locating and getting to a safe place, including 
but not limited to a designated meeting place for 
a shelter or a family member's or friend's 
residence (or a similar place of safety) . The of- 
ficer shall consider the victim's preference in 
this regard and what is reasonable under all the 
circumstances ; 

d. give abuse victims immediate and adequate notice 
of their rights by handing them and reading a form 
detailing their rights (see attached) ; where said 
person's native language is not English, the 
statement shall be then provided in said person's 
native language whenever possible; 

e. assist the abused person by activating the emer- 
gency judicial system (generally by contacting the 
state police, unless some other procedure has been 
established) when the court is closed for busi- 
ness; 

f . inform the victim that abuser will be eligible for 
bail and may be promptly released; 

g. arrest any person the officer witnesses or has 
probable cause to believe has violated a temporary 
or permanent vacate, restraining, or no-contract 
order or judgment. 

h. Where there are no vacate, restraining or no- 
contact orders or judgments in effect, arrest 
shall be the preferred response [Note: Officers 
are expected to use the same probable cause 
criteria which applies to any other crime.] when- 
ever an officer witnesses or has probable cause to 
believe that a person: 

(1) has committed a felony; or 

(2) has committed an. assault and battery in 
violation of G.L. c. 265, s. 13A; or 

(3) has committed a misdemeanor involving abuse. 

NOTE: This is a statutory exception to the longstand- 
ing rule which limited misdemeanor arrests to those com- 
mitted in the officer's presence. Officers are now au- 
thorized to arrest for past misdemeanors not committed 
in their presence so long as the officers have probable 
cause to believe that a misdemeanor involving "abuse" 
occurred. Such misdemeanors include but are not limited 
to threats to commit crimes against the person or prop- 
erty of another (Chap. 265 sec. 2) . 

For the purposes of this law, "abuse" is defined as "the 
occurrence of one or more of the following acts between 
family or household members: (a) attempting to cause 
or causing physical harm; (b) placing another in fear 
of imminent physical harm; (c) causing another to 



-50- 



engage involuntarily in sexual relations by force, 
threat, or duress." 

The safety of the victim and any involved children shall be par- 
amount in any decision to arrest. Any officer arresting both 
parties is required by law to submit a detailed, written report 
in addition to an incident report, setting forth the grounds for 
dual arrest. [Dual arrests like the issuance of mutual 
restraining orders, trivialize the seriousness of domestic abuse 
and increase the danger to its victims.] 

Officers investigating an incident of domestic violence shall 
not threaten, suggest, or otherwise indicate the arrest of all 
parties for the purpose of discouraging requests for law enfor- 
cement intervention by any party. 

Regardless of arrest, whenever an officer investigates an in- 
cidence of domestic violence, the officer shall immediately file 
a written incident report on the prescribed department form. 
The victim shall be provided a copy of the full incident report 
at not cost, upon request to the police department. 

Family or household members are persons who: 
a. are or were married to one another; 

* b. are or were residing together in the same 

household; 

c. are related by blood or are or were related by 
marriage ; 

d. have a child in common regardless of whether they 
have ever been married or lived together; or 

* e. are or have been in a substantial dating rela- 

tionship as determined by a court. (See "Proce- 
dures" below regarding criteria courts use and of- 
ficer's role in assisting court in making such 
determination. ) 

* This includes same sex relationships. 

C. 2 09A specifically provides that police shall make a warrant- 
less arrest of a person whom the officer has probable cause to 
believe has committed a misdemeanor by violating a temporary or 
permanent vacate, restraining or no-contact order or judgment. 
(G.L. c. 276, s. 20.) Even if the victim is unwilling to bring 
a complaint against the alleged abuser, officers are expected to 
arrest where probable cause exists . [(Note: While GL. c. 276, 
s. 28 concerning arrests without a warrant for a violation of 
certain statutes, among which are listed c. 2 09 A, uses the work 
"may", this is superseded by the provisions of c.209 A which 
specify that officers "shall" make such a warrantless arrest.)] 

Additionally, the trespass law - G.L. c. 266, s. 120 - has been 

-51- 



amended by including within its scope a violation of a "get-out;" 
order issued pursuant to G.L. c. 208, s. 234B, or G.L. c. 209A. 

An officer may arrest and detain a person charged with a mis- 
demeanor, without having a warrant for such arrest in his pos- 
session, if the officer has actual knowledge that a warrant then 
in full force and effect for the arrest of such person has in 
fact issued. (G.L. c. 276, s. 28.) 

According to Chapter 4 03 of the Acts of 1990: "No law officers 
shall be held liable in any civil action regarding personal in- 
jury or injury to property brought by any party to a domestic 
violence incident for an arrest based on probable cause when 
such officer acted reasonable and in good faith and in com- 
pliance with this chapter and the statewide policy as estab- 
lished by the secretary of public safety". 

It is strongly recommended that all reasonable measures be taken 
to ensure cooperation among law enforcement personnel and those 
social service agencies involved with domestic violence inci- 
dents . 



3 . PROCEDURES . 

3.1 RESPONSE. The unique nature of domestic violence 

situations requires that an officer immediately pro- 
ceed to the place of the dispute. Check with dis- 
patcher about previous incidents and existing orders. 
If possible, a back-up officer should also be dis- 
patched to the scene. 

a. The initial contact by the responding officers 
must convey a professionally calm and helpful 
attitude . 

1. The officer (s) shall state their reason for 
being present. 

2. They must be considerate and attentive toward 
all parties and their problems regardless of the 
officers' own view or personal reactions toward 
the matter. 

3. Upon entering, they shall prevent the physical 
movement of the parties as much as possible and 
control their access to any potential weapons. 

b. Officers are authorized by c. 209A to transport 
victims of domestic violence to the emergency 
room of the nearest hospital. However, he 
preferred method of transportation is via am- 
bulance, or if the victim is not seriously in- 
jured, in their own vehicle or that of a friend. 
Officers should receive approval from their su- 
pervisor prior to transporting victims of 
domestic abuse in a cruiser, except in an emer- 
gency. 

-52- 



c. The responding officer (s) must take immediate 
control of the situation and should separate the 
parties to prevent any violent action. However, 
if there are two officers present at the scene, 
they should remain within view of each other to 
avoid any subsequent allegations of mistreat- 
ment. 

d. The use of alcohol and drugs, or a condition of 
mental illness, can aggravate a domestic 
violence situation, requiring far greater 
patience on the part of the responding of- 
ficer (s) . 

e. The provisions of G.L. c. 209A impose specific 
responsibilities upon the police as regards to 
domestic abuse situation. All officers are ex- 
pected to be thoroughly familiar with the con- 
tents of this statute (as amended from time to 
time) and to act with discretion and competence 
in carrying out its provisions. 



3.2 INVESTIGATION. Officers responding to domestic 

violence calls should conduct thorough investigations . 
including interviewing children, neighbors and other 
potential witnesses. Keep in mind that the same stan- 
dards for probable cause apply to domestic violence 
offenses as for any other crimes. 

a. When investigating a report of domestic 

violence, officers should be thorough and ob- 
serve the following guidelines 

1. These specific guidelines shall govern any 
situation: 

(a) Officer (s) may enter private premises at the 
request of someone in lawful control of the 
premises, or to enforce the provisions of a 
protective court order or to take reasonable 
measures to prevent nay further abuse under 
the authority of G.L. c. 209A. 

(b) Officer (s) may enter private premises where 
there is probable cause to believe that a 
felony has been or is being committed or 
that there is imminent danger of violence 
which could result in death or serious 
physical injury or where a breach of the 
peace has been committed in the officer (s) ' 
presence. 

(c) Officer(s) must leave if both parties re- 
quest that they do so unless there is prob- 
able cause to believe that a felony has been 
committed or that their continued presence 

-53- 



is necessary to prevent physical harm or to 
carry out the provisions of G.L. c. 2 09A. 

(d) "Private premises" includes a house, an 
apartment, a condominium, a hotel room, a 
mobile home, or a house trailer. 

In attempting to ascertain the facts in the dis- 
pute, the officer (s) should allow each party to 
present his or her story individually, avoiding 
any unnecessary interruptions or undue inter- 
ference by either party. While keeping all 
parties and officers in view, separate the 
parties sufficiently to allow each to relate 
matters to an officer without being overheard by 
the other party. 

To deal with the situation, the officer (s) must 
ask pertinent questions, and certain fundamen- 
tals must be followed: 

a. Obtain information regarding identities and re- 
lationship. Also obtain a phone number where 
victim can be reached. If victim wishes to 
leave her residence, obtain a phone number where 
she can be reached. Officers should be aware 
that if a victim goes to a shelter (due to con- 
fidentiality requirements) a message must be 
left for victim to return calls. 

b. Obtain information about firearms. If the of- 
ficer determines that the weapon cannot be 
seized: 

1. the judge can order defendant to surrender 
guns and FID card; and 

2. the chief can revoke for felony convictions, 
drug use, possession or sale; and mental 
illness. 

c. Unless necessary, avoid emphasis or in depth 
questioning on personal matters if there is an 
indication that the person would rather not dis- 
cuss them more fully. 

d. Ascertain if there is a prior history of such 
disputes and whether there are any vacate, 
restraining, no-contact or other protective or- 
ders currently in effect. 

e. Determine, when appropriate, who has lawful 
custody of any minors involved and whether court 
approved visitation rights are being trans- 
gressed. 

f. As a standard precaution, police should check 
for outstanding arrest warrants on persons en- 
countered durina a domestic dispute. Since of- 



-54- 



ficial court orders and other court papers are 
the best source for much of this information, 
police should ask the parties tb produce copies 
of court orders or other court papers to verify 
their claims; in addition, the police records 
bureau may be checked, or appropriate courts, 
social service agencies or attorneys contacted. 

g. Gather information, where applicable, which will 
assist the district, probate or Boston municipal 
courts in determining whether a "substantive 
dating relationship" exist. This is especially 
helpful if the officer anticipates activating 
the Emergency Judicial System. Chapter 209A 
specifies that such courts will take into con- 
sideration the following factors: 

* the length of time of the relationship; 

* the type of relationship; 

* the frequency of interaction between the 
parties ; and 

* if the relationship has been terminated by 
either person, the length of time elapsed 
since the termination of the relationship. 

h. Provide the addresses and telephone numbers of 
available crisis center or emergency shelters 
and where appropriate, advise any victims or 
witnesses of the Victim-Witness Assistance Pro- 
gram administered by the local District At- 
torney's Office. 



3.3 CHILDREN. Where children are present at a domestic 
dispute, their welfare and safety must be a major 
consideration. Any evidence of neglect or emo- 
tional, physical or sexual abuse of children under 
eighteen shall be carefully noted. Whenever a po- 
lice officer, in his professional capacity, has 
reasonable cause to believe that a child under 
eighteen is suffering serious physical or emotional 
injury resulting from abuse, including sexual 
abuse, or from neglect, including malnutrition, or 
if a child is determined to be physically dependent 
upon an addictive drug at birth, the officer shall 
make a full report to his superior such that an 
oral and written report may be made to the Depart- 
ment of Social Services as required by G.L. chapter 
119, section 51A. If an officer believes that a 
child under eighteen has died because of neglect, 
abuse or drug addiction, or is present in a 
household in which the officer observes the 
presence of drugs or evidence of drug use, he shall 
make a full report to his superior in addition to 
the report to the Department of Social Services in 
accordance with that same statute. 



-55- 



a. Officers should be aware that in serious cases 
of child neglect or abuse "any person" may apply 
to an appropriate juvenile court to have custody 
of a child under eighteen taken away from the 
parents or other neglectful or abusing custodian 
and have custody transferred, on an emergency 
basis, to the Department of Social Services or a 
licensed child care agency or individual. See 
Chapter 119, section 24. 

3.4 PROPERTY. The relationship of the parties and their 
property interests complicate domestic violence situa- 
tions. When a party to a domestic dispute is accused 
of removing or attempting to remove property from the 
dwelling or is accused of damaging or destroying prop- 
erty, he or she should be. warned of the potential 
civil or criminal consequences of his or her conduct, 
and both parties should be advised to seek legal 
counsel. A vacate order issued pursuant to c. 2 09A 
include the following requirement: 

The defendant shall not damage any of the 
plaintiff's belongings or those of another oc- 
cupant and shall not shut of any utilities or 
mail delivery to the plaintiff. 

3.5 FIREARMS. When a firearm or other weapon is present 
at the scene of a domestic violence situation or the 
responding officer (s) are informed that a firearm or 
weapon has been or may be involved in the dispute, the 
officer (s) shall: 

1. request that the firearm or weapon be placed in 
their custody temporarily; 

2. search for and take custody of the firearm or 
weapon if one of the parties requests that they 
do so; 

3. search for and take temporary custody of the 
firearm or weapon to alleviate the threat of 
serious violence that it poses; and 

4. determine whether a firearm is lawfully pos- 
sessed before returning the same. 



3.6 INCIDENT REPORTS. The reporting procedures of any 
other crime scene should be applied to domestic 
violence incidents. Prosecution and subsequent legal 
action can be greatly helped by documentation and des- 
cription of physical injuries, photographs of the in- 
juries, and/or noting the presence of children in 
household, and other information specified under 3.2. 

3.7 SERVICE OF ORDERS. Service of orders shall be in hand 
unless otherwise ordered by the court. 2 09 A Sec. 7 
requires that "the law enforcement agency shall 

-56- 



promptly make its return of service to the court" . 

* Without Judicial authorization, officers should 
not accompany defendants to the property for any 
reason . 

NOTE: The victim's safety should be considered in the 
timing of the service of the orders. 



-57- 



ABUSED PERSON'S NOTICE OF RIGHTS 



Directions to Police Officer: 

Give a victim of domestic violence immediate and ade- 
quate notice of his or her rights. The notice shall 
consist of handing said person a copy of the statement 
which follows below and reading the same to the victim. 
Where the victim's native language is not English, the 
statement shall be then provided in the victim ' s native 
language whenever possible. 

You have the right to appear at the Superior, Probate and family 
District or Boston Municipal Court, if you reside within the ap- 
propriate jurisdiction, and file a complaint requesting any of , 
the following applicable orders: (a) an order restraining your 
attacker from abusing you; (b) an order directing you attacker 
to leave your household, building or workplace; (c) an order 
awarding you custody of a minor child; (d) an order direction 
your attacker to pay support for you or any minor child in your 
custody, if the attacker has a legal obligation of support; and 
(e) an order directing your attacker to pay you for losses suf- 
fered as a result of abuse, including medical and moving ex- 
penses, loss of earnings or support, costs for restoring utili- 
ties and replacing locks, reasonable attorney's fees and other 
out-of-pocket losses for injuries and property damage sustained. 

For an emergency on weekends, holidays, or week nights the po- 

-58- 



lice will refer you to a justice of the superior, probate and 
family, district, or Boston municipal court departments. 

You have the right to go to the appropriate district court or 
the Boston municipal court and seek a criminal complaint for 
threats, assault and battery, assault with a deadly weapon, as- 
sault with intent to kill or other related offenses. 

If you are in need of medical treatment, you have the right to 
request that an officer present drive you to the nearest hospi- 
tal or otherwise assist you in obtaining medical treatment. 

If you believe that police protection is needed for your physi- 
cal safety, you have the right to request that the officer pres- 
ent remain at the scene until you and your children can leave or 
until your safety is otherwise ensured. You may also request 
that the officer assist you in locating and taking you to a safe 
place, including but not limited to a designated meeting place 
for a shelter of a family member's or a friend's residence, or a 
similar place of safety. 

You may request a copy of the police incident report at no cost 
from the police department. 



-59- 



The Emergency Judicial Response System 



[f= 



The Judicial Response System 



Year Nine Report 

July 3, 1992 -July 1, 1993 



Administrative Office of the Trial Court 
October 1993 



-60- 



1 



The Massachusetts Trial Court operates the Judicial Response System, the state- 
wide emergency program, to assist local police departments, the Massachusetts State 
Police, hospitals, sheriffs and members of the public in resolving emergency legal 
situations when court is closed The Trial Court is indebted to the Massachusetts State 
Police for their continued excellence in acting as dispatch agents for the activation of the 
Judicial Response System. 

The Judicial Response System was formalized on July 13, 1984 and as of July 1, 
1993 Trial Court Justices have responded to 44,469 calls. Prior to this, individual 
response systems operated in the Boston Juvenile Court, Probate & Family and District 
Court Departments. 



Number of Calls Received 



Yearl 


(7/13/84-6/28/85) 


324 


Year 2 


(6/28/85 - 6/27/86) 


698 


Year 3 


(6/27/86 - 7/10/87) 


1,238 


Year 4 


(7/10/87 - 7/08/88) 


2,604 


Year 5 


(7/08/88 - 7/07/89) 


3,797 


Year 6 


(7/07/89 - 7/06/90) 


4,617 


Year 7 


(7/06/90-7/05/91) 


6,048 


Year 8 


(7/05/91 - 7/03/92) 


10,438 


Year 9 


(7/03/92 - 7/01/93) 


14,705 



Total 44,469 



Justices assigned for duty have been designated by the Chief Justice for 
Administration and Management, as Associate Justices of all seven court departments. 
Acting as an emergency response justice, a judge is designated to perform the duties of a 
Superior, Land, Probate & Family, District, Housing, Juvenile and Boston Municipal 
Court justice. 



-61- 



Judicial Response System 

Yeir Nine Report (July 3. 1992 - July 1. 1993) 



The Report for Year Nine reports on the activity of the Judicial Response System 
from July 3, 1992 through July 1, 1993 and contains information recorded on log sheets 
provided by each justice who served in one of the eight JRS regions. 

During Year Nine, Trial Court justices responded to a total of 14,705 calls which 
represents a 40.9% increase since Year Eight and a 143% increase since Year Seven. On 
average, the system received a call every 27. 6 minutes, including holidays and 
weekends. The following chart shows the increase in calls by year, since the system was 
formalized in July, 1984: 



Yearly Totals of Calls Received 
by the 
Judicial Response System 



Year 

1 



14,705 




Year 

2 



Year 
3 



Year 

4 



Year 

5 



Year 
6 



Year 

7 



Year 
8 



Year 
9 



The state is broken down into eight regions with a justice serving in each region 
for a one week period. 1 All Trial Court justices participate in the system and serve on 
average once every 7 months. The frequency of service varies from region to region 
because the number of justices residing in each region varies. Justices of the Supreme 
Judicial Court and the Appeals Court are available to answer questions of an appellate 
nature should emergency judges need their assistance. Five State Police barracks act as 



1 Justices in Region B5 (Berkshire County) serve for a one month period. 



Judicial Response System 

Year Nine Report (July 3. 1992 - July 1. 1993) 



-62- 



the dispatch agents for the system without whom, the Judicial Response System could not 
operate. 

Judicial Response System - Regional Breakdown 




•State Polict barrack* 

JRS Coordination Sltta 

B5 - Chaahlrt 

B6/B7 - Northampton 

A3 - Boacon 

1U A4 • Pramlaghaa 

D10 4 Oil - Mlddlaboro 



V5^ 





The following chart is a breakdown of calls received during Year Nine by Region: 



Region 


Year Nine 
Calls 


% of Total 


Al 


2,129 


14.5% 


A3 


2,461 


16.7% 


A4 


1,482 


10.1% 


BS 


267 


1.8% 


B6/B7 


2,070 


14.1% 


C8 


2,455 


16.7% 


D10 


1,776 


12.1% 


Dll 


2,065 


14.0% 


State- Wide Totals 


14,705 


100.0% 



Calls in Region A3 (Middlesex County/Suffolk County Area) led the state with 
2,461 recorded calls and Region C8 (Worcester County Area) came in a close second 
with 2,455 calls recorded. 



Judicial Response System 

Year Nine Report (July 3. 1992 - July 1. 1993) 



-63- 



Case Type Summary 
for Last Four Years 



Case Type 


Year % of 
6 Total 


Year % of 
7 Total 


Year % of 
8 Total 


Year % of 
9 Total 


c. 209A 


4,222 


91.4% 


5,694 


94.1% 


10,093 


96.7% 


14,089 


95.8% 


Bail 


19 


0.4% 


20 


03% 


17 


02% 


267 


1.8% 


Search Warrant 


72 


1.6% 


69 


1.1% 


71 


0.7% 


82 


0.6% 


Emergency medical 


45 


1.0% 


57 


0.9% 


38 


0.4% 


51 


0.3% 


c. 123 mental health related 


140 


3.0% 


66 


1.1% 


68 


0.7% 


48 


0.3% 


Advice/Question 


• a* 


n/a 


*** 


n/a 


25 


02% 


44 


0.3% 


C ustod y/V isi tation 


5 


0.1% 


8 


0.1% 


33 


03% 


40 


0.3% 


Other 


37 


0.8% 


65 


1.1% 


47 


0.5% 


28 


0.2% 


Arrest Warrant/ Arraignment 


22 


0.5% 


12 


02% 


17 


02% 


34 


0.2% 


Juv/CHINS 


27 


0.6% 


43 


0.7% 


18 


02% 


13 


0.1% 


c. 1 19 §Slc custody of injured child 


27 


0.6% 


12 


02% 


9 


0.1% 


6 


0.0% 


c. 265 § 26a Kidnapping 


1 


0.0% 


2 


0.0% 


2 


0.0% 


3 


0.0% 


Year Nine Totals: 


4,617 




6,048 




10,438 




14,705 | 



The largest type of request continues to be for assistance with domestic abuse 
complaints. Abuse prevention legislation is contained in chapter 209A of the 
Massachusetts General Laws. Justices recorded 14,089 calls during Year Nine - 95.8% 
percent of all emergency response requests for the year. This is an increase of 3,996 calls 
for c. 209A assistance over Year Eight which represents a 40 % increase in this category. 
However, Year Nine marks the first time that c. 209A requests did not increase as a 
percentage of total calls from the previous year. 

The second highest category of request was a request for bail which accounted for 
267 calls - 1.8 % of the total. It is estimated that the majority of these requests are due to 
a violation of a c. 209A restraining order. 

The third highest category of request was a request for a search warrant which 
accounted for 82 calls - 0.6% of the total. The State Police and District Attorneys' 
Offices made the majority of these requests. This category has remained fairly stable 
over the last four years. 



*•• 



The category " Advice/Quesuons" was grouped into "Other" in Year 6 & Year 7 



Judicial Response System 

Year Nine Repon (July 3. 1992 - July 1. 1993) 



-64- 



The chart below displays other significant categories of calls over the last four 
years. Judges were called to respond to 51 emergency medical calls in Year Nine which 
represents a 34 % increase over Year Eight. It is estimated that one third of these calls 
necessitated a judge's presence at a hospital to conduct a hearing, often to ascertain 
whether or not to authorize treatment for an incapacitated or minor patient. The 
Juvenile/CHINS category and the mental health /alcohol & substance abuser (c. 123) 
category decreased in Year Nine. 

Non - 209 A Calls 



300 



250 



200 



150 



100 



50 




I 



l/i 



1 

•■9 
E 

o 

c 

<u 
BO 

w 

t> 

E 



f 
I 

a £ 

CM 



U 

"> 

< 



3 



e 

E 

e 



ll 



e/1 

s 



o 
"8 2 

i? 

- 1 



Judicial Response System 

Year Nine Report (July 3. 1992 - July 1. 1993) 



-65- 



Judges arc also called by hospital administrators to rule on the custody of 
children under c.l 19 §51C which authorizes a judge to order a physician to hold a child 
in the hospital pending a hearing where a child has been suspected of being abused. In 
Year Nine, judges responded to a total of six c.l 19 §51 C. This type of call has decreased 
steadily over the last four years. 

In addition, the Advice/Question category received a significant number of calls 
(44), primarily from local police departments, and were either to ask for advise or pose 
questions to the judges on call. Educational efforts are needed to inform local police that 
these types of calls are inappropriate for the emergency system. 



Requestors 







%of 




%of 




%of 




%of 


Requestors 


Year 6 


Total 


Year 7 


Total 


Year 8 


Total 


Year 9 


Total 


Local Police Department 


4336 


93.9% 


5302 


94.1% 


10,204 


973% 


14326 


97.4% 


State Police 


66 


1.4% 


72 


1.2% 


% 


0.9% 


102 


0.7% 


Hospitals 


97 


2.1% 


70 


1.1% 


49 


0.5% 


54 


0.4% 


Other 


118 


2.6% 


222 


3.6% 


89 


0.9% 


223 


1.5% 


Totals 


4,617 


100.0% 


6,166 


100.0% 


10,438 


100.0% 


14,705 


100.0% 



Local police accounted for 97.4 (14,326) of all requests recorded during Year 
Nine. This is a numerical increase of 4,122 calls - 40% increase over Year Eight. Of the 
351 cities and towns in the Commonwealth, 322 used the Judicial Response System at 
least once during Year Nine. Appendix A lists the number of calls received from each 
local police department. The graph on the next page displays the "top ten" towns for 
Year Nine. 



Judicial Response System 

Year Nine Report (July 3. 1992 - July 1. 1993) 



-66- 



"Top Ten Towns" 
Year Nine 




O 

CD 



CO 

Ui 

U 

I 



i 

cc 

-J 

i 



a 

s 

Q 
U 

m 



u 



a 



< 



o 

>- 

o 

s 



Note: Statistics contained in the Year Nine Report were compiled from log sheets 
provided by justices who participated in the system. It should be noted that information 
provided on the log sheets varies in detail and is subject to interpretation for the purposes 
of compiling statistics. 



Judicial Response System 

Year Nine Report (July 3. 1992 - July 1. 1993) 



-67- 



* vi r*-*. i/t 



ABINOTON 


23 


DARTMOUTH 


82 


HULL 


64 


NORFOLK 


17 


STBRLINO 


14 


ACTON 


24 


DEDHAM 


3 


HUNTINGDON 


1 


NORTH ADAMS 


40 


STOCXBRIDOE 


3 


ACUSKNET 


21 


DEERFIELD 


13 


IPSWICH 


24 


NORTHAMPTON 


101 


STONEHAM 


32 


ADAMS 


14 


DENNIS 


19 


KINGSTON 


16 


NORTHBOROUOH 


24 


STOUOHTON 


60 


AOAWAM 


30 


DKJHTON 


6 


LAKE VT1 if 


14 


NORTHBRIDOE 


54 


STOW 


3 


ALFORD 





DOUGLAS 


22 


LANCASTER 


10 


NORTHFIELD 


7 


STURBRIDGE 


23 


AMESBURY 


39 


DOVER 





LANES BOROUGH 


3 


NORTON 


44 


SUDBURY 


20 


AMHERST 


73 


DRACUT 


13 


LAWRENCE 


117 


NORWELL 


31 


SUNDERLAND 


12 


ANDOVER 


22 


DUDLEY 


24 


LEE 


19 


NORWOOD 


3 


SUTTON 


20 


ARLINGTON 


71 


DUNSTABLE 


8 


LEICESTER 


30 


OAK BLUFFS 


29 


SWAMPSCOTT 


27 


ASHBURNHAM 


4 


DUXBURY 


11 


LENOX 


3 


OAKHAM 


7 


SWANSEA 


31 


ASHBY 


9 


EAST BJUDOEW ATER 


31 


LEOMINSTER 


ISO 


ORANGE 


36 


TAUNTON 


214 


ASHFTELO 


5 


EASTBROOKFIELD 


3 


LEVERET] 


8 


ORLEANS 


13 


TEMPLETON 


45 


ASHLAND 


39 


EAST LONOMEADOW 


12 


LEXINGTON 


16 


OTS 


1 


TEWKSBURY 


43 


ATHOL 


19 


EASTHAM 


11 


LEYDEN 


6 


OXFORD 


46 


TTSBURY 


24 


ATTLEBORO 


164 


EASTHAMPTON 


39 


LINCOLN 


7 


PALMER 


70 


TOLLAND 





AUBURN 


32 


EASTON 


43 


LITTLETON 


18 


PAXTON 


2 


TOPSFTELD 


5 


AVON 


2 


EDOARTOWN 


24 


LONOMEADOW 


7 


PEABODY 


130 


TOWNSEND 


5 


AYER 


56 


EGREMONT 


4 


LOWELL 


10 


PELHAM 





TRURO 


5 


BARNSTABLE 


84 


ERVINO 


1 


LUDLOW 


23 


PEMBROKE 


17 


TYNOSBOROUGH 


5 


BARRE 


19 


ESSEX 


6 


LUNENBURO 


25 


PBPFERE1 1 


52 


TYRINOHAM 





BECKET 


1 


EVERETT 


SS 


LYNN 


412 


PERU 





UPTON 


10 


BEDFORD 


15 


FAIRHAVEN 


67 


LYNNFIELD 


11 


PETERSHAM 





UXBRTDGE 


82 


BELCHER TOWN 


16 


FALLRTVER 


450 


MALDEN 


90 


PHTLLIPSTON 


7 


W. BOYLSTON 


16 


BELLINOHAM 


31 


FALMOUTH 


97 


MANCHESTER 


4 


Ml 1 1 kPiRi n 


HI 


W. BRmOEWATER 


8 


BELMONT 


32 


FITCHBURO 


78 


MANSFIELD 


72 


PLAINOIELD 


10 


W.BROOKFIELD 


29 


BERKELEY 


6 


FLORIDA 





MARBLE HEAD 


26 


PLAJNVTLLE 


14 


W.NEWBURY 


3 


BERLIN 


4 


FOXBOROUCH 


36 


MARION 


8 


PLYMOUTH 


124 


W.SPRINGFIELD 


70 


BERNARDS-TON 


3 


FRAMTNOHAM 


64 


MARLBORO 


76 


PLYMPTON 


12 


W. STOCXBRIDOE 





BEVERLY 


33 


FRANKLIN 


42 


MARSHFIELD 


44 


PRINCETON 


4 


W.TJ5BURY 


11 


BD-LERICA 


27 


FREETOWN 


12 


MASHPEE 


42 


PROVINCETOWN 


6 


WAKEFIELD 


35 


BLACKSTONE 


32 


GARDNER 


98 


MATTAPOISETT 


17 


QUINCY 


321 


WALES 


1 


BLANDFORD 


1 


GAY HEAD 





MAYNARD 


23 


RANDOLPH 


41 


WALPOLE 


35 


BOLTON 


5 


GEORGETOWN 


9 


MEDFIELD 


2 


RAYNHAM 


33 


WALTHAM 


94 


BOSTON 


966 


GILL 


1 


MEDFORD 


167 


READINO 


39 


WARE 


62 


BOURNE 


93 


GLOUCESTER 


141 


MEDWAY 


22 


REHOBOTH 


8 


WAREHAM 


67 


BOXBOROUCH 


14 


GOSHEN 


1 


MELROSE 


25 


REVERE 


■4 


WARREN 


33 


BOXFORD 


44 


OOSNOLD 





MENDON 


6 


RICHMOND 





WARWICK 


2 


BOYLSTON 


3 


ORAFTON 


23 


MERRIMAC 


4 


ROCHESTER 


6 


WASHINGTON 





BRAJNTREE 

r^ r> !"• v^ r t — ■ m n 


25 


GRANBY 


19 


METHUEN 


104 


ROCKLAND 


79 


WATERTOWN 


51 


BREWSTER 


28 


GRANVILLE 


1 


MIDDLEBOROUGH 


66 


ROCKPORT 


16 


WAYLAND 


9 


BRTDCEWATER 


45 


GREENFIELD 


177 


MJDDLLFIELD 


1 


ROWB 





WEBSTER 


IS 


BRJMFIELD 


4 


OROTON 


8 


MIDDLETON 


14 


ROWLEY 


7 


WELLESLEY 


2 


BROCKTON 


165 


GROVELAND 


7 


MJLFORD 


■3 


ROY ALSTON 





WELLFLEET 


5 


BROOKFTELD 


43 


OT. BARRINGTON 


5 


MTLLBURY 


46 


RUSSELL 


7 


WENDELL 





BROOKUNE 


91 


HADLEY 


5 


mhjis 


11 


RUTLAND 


14 


WENHAM 


4 


BUCKLAND 


9 


HALIFAX 


15 


MTLLVTLLE 


8 


S. HADLEY 


35 


WESTBOROUGH 


32 


BURLINCTON 


58 


HAMILTON 


7 


MIOTON 


60 


SALEM 


102 


WESTFIELD 


73 


CAMBRIDGE 


130 


HAMPDEN 


9 


MONROE 





SALISBURY 


47 


WESTPORD 


43 


CANTON 


31 


HANCOCK 


1 


MONSON 


35 


SANDISFELD 





WESTHAMPTON 





CARLISLE 


2 


HANOVER 


2D 


MONTAOUE 


42 


SANDWICH 


45 


WESTMINSTER 


14 


CARVER 


19 


HANSON 


12 


MONTEREY 





SAUOUS 


48 


WESTON 


2 


CHARLEMONT 


4 


HARD WICK 


13 


MONTGOMERY 





SAVOY 





WESTPORT 


25 


CHARLTON 


25 


HARVARD 


7 


MOUNT WASHINGTON 





SC3TUATE 


33 


WESTWOOD 


1 


CHATHAM 


27 


HARWICH 


32 


N. ANDOVER 


51 


SEBKONK 


12 


WEYMOUTH 


126 


CHELMSFORD 


20 


HATFIELD 


5 


N. ATTLEBORO 


117 


SHARON 


22 


WHATELY 





CHELSEA 


244 


HAVERHILL 


123 


N.BROOKFIELD 


31 


SHEFFIELD 


8 


WHITMAN 


78 


CHESHIRE 


5 


HAWLEY 





N.READINO 


15 


SHELBURNE 


21 


WLBRAHAM 


15 


CHESTER 





HEATH 


2 


NAHANT 


7 


SHERBORN 


1 


WRXIAMSBURO 


4 


CHESTERFIELD 


1 


HJNOHAM 


36 


NANTUCKET 


37 


SHIRLEY 


19 


WLLIAMSTOWN 


3 


CHICOPEE 


187 


HINSDALE 


3 


NATICK 


47 


SHREWSBURY 


62 


WILMINGTON 


23 


CHTLMARK 


3 


HOLBROOK 


31 


NEED HAM 


12 


SHUTBSBURY 


2 


WINCHENDON 


31 


CLARKSBURG 


2 


HOLDEN 


16 


NEWASHFORD 





SOMERSET 


34 


WINCHESTER 


30 


CLINTON 


44 


HOLLAND 


8 


NEW BEDFORD 


3S4 


SOMERVTLE 


140 


WINDSOR 


2 


COHASSET 


14 


HOLLISTON 


11 


NEW BRAJNTREE 





SOUTHAMPTON 


13 


WINTHROP 


90 


COLRAIN 





HOLYOKE 


209 


NEW MARLBOROUGH 


1 


SOUTHBOROUOH 


7 


WOBURN 


71 


CONCORD 


21 


HOPEDALE 


12 


NEW SALEM 


1 


SOUTHBRIDaE 


46 


WORCESTER 


sa 


CONWAY 


2 


HOPKINTON 


15 


NEWBURY 


7 


SOUTHWKX 


19 


WORTHINOTON 





CUMMINOTON 


3 


HUBBARDSTON 


7 


NEWBURYPORT 


30 


SPENCER 


70 


WRENTHAM 


18 


DALTON 


18 


HUDSON 


63 


NEWTON 


19 


SPRINGFIELD 


482 


YARMOUTH 


81 


DANVERS 


55 










-68- 









APPENDIX A 



Injury Documentation 



NORWOOD POLICE DEPARTMENT 

The office of the District Attorney for Norfolk County has announced that it is committed to following 
through on prosecutions for domestic violence even in situations where the victim refuses to testify or 
otherwise cooperate. To prosecute successfully, the assistant district attorneys trying the cases need our 
cooperation in the form of improved reporting of the circumstances involved in each arrest. To ensure that 
we secure all information necessary we have been given an investigative checklist which we in turn 
modified for use by the Norwood Police Department. 

CHECKLISTS 

The reasons for which a person elects not to cooperate with a prosecution are as many and varied as the 
reasons why a victim will stay in an abusive situation. Ensuring that prosecutions will go forward, even 
without the victim takes a lot of the pressure off of the victim. What it also does though, is make the 
officer's report the star witness. For this reason we will be using the checklists to aid in evidence 
gathering. This should ensure that essential information is obtained at the time of the taking of the report 
and re-interviewing will not be necessary. The checklist should be used when there is an arrest made, 
warrant sought, or complaint application filed. A supply of checklists will be placed in each cruiser. 

PHOTOGRAPHS 

We also have a donated Polaroid camera in the sergeant's cruiser. When visible injuries are present 
photographs are to be taken for evidence. A full body shot showing the injured area and a close up of the 
injury should be taken. 

OBSERVATIONS & STATEMENTS 

Because there is a good chance that you and your report will be of major importance to the prosecution 
it is imperative that your report accurately describes the scene of the incident and includes statements 
made by all parties involved. 

It is important to include in your report the observations you made when you arrived, including: if the 
altercation was still in progress what you heard upon approach, what you had to do to quell the 
disturbance, what you saw (observations of the combatants' physical appearances: sweating, clothing torn 
or disheveled; excited or withdrawn or withdrawn behavior). Mention in the report the physical 
appearance of the scene if it indicates a physical altercation had just occurred. Note the smashed ashtray 
or broken or overturned furniture. 

A victim's statement can be used in court even when the victim fails to cooperate when the prosecution 
can show that the police received the statement as an excited utterance, thus serving as an exception to 
the hearsay rule. This can be aided by showing the chaos at the scene, (as shown above) and the accurate 
recording of the victim's statements. The statement will be admitted into evidence when we can show: 
That it followed a traumatic event and it was made under the stress or sway of that event. Describe the 
victim's demeanor when making the statement, (did it show excitement, fear, did the words pour out 
rapidly and loud?). Have the victim describe what led up to the attack. Key sentences should be taken 
verbatim and placed in quotation marks in the report. Spontaneous statements can be made in response 
to questions. It may prove worthwhile to copy the phone recording of the victim's call for help. 

Recording the statements and showing that the combatants and the scene were still in disarray solidify 
the prosecutions contention that the statements should be admitted as excited utterances. While gathering 
the evidence, remain cognizant of the possibility that the victim may change her mind later and that the 
District Attorney's office will be prosecuting with or without the victim's cooperation. What you do at the 
scene and how well you report it may very well be the focus of a subsequent trial . This strategy has 
proven effective in San Diego, CA where prosecutions have progressed in 70% of cases where the victim 
refuses to cooperate. A conviction rate of 90% has been obtained in those cases. 



-69- 




NORWOOD POLICE DEPARTMENT 



DOMESTIC VIOLENCE INVESTIGATION CHECKLIST 



1. VICTIM Name: 



SUSPECT Nome: 



Described the victim's location upon 

arrival. 

Administered 1st Aid to the victim and 

noted if medical treatment sought. 

Noted tune dispatched, arrived, and 

when victim spoke. 

Recorded any spontaneous statements 

made by the victim. 

Described the victim's emotional 

condition. 

Described the victim's physical condition, 

including size in relation to attacker. 

Described the victim's injuries in detail, 

(Size, Location, and Coloration). 

Noted victim's relationship with suspect. 

Recorded history of abuse and court 

orders. 

Gave victim notice of rights (209A card). 



Described the suspect's location upon 

arrival. 

Administered 1st Aid to the suspect and 

noted if medical treatment sought. 

Recorded any spontaneuos statements 

made by the 6uspect. 

Described the suspect's emotional 

condition. 

Described the suspect's physical 

condition. 

Described the suspect's injuries in detail. 

Documented evidence of use of alcohol or 
drugs by the suspect. 

Following Miranda , asked suspect if he 
wanted to make a statement, knew of 
restraining order or understood order. 



Recorded temporary address/phone of 

victim. 

Informed victim suspect may soon be 

bailed. 

Witnesses 

Interviewed the reporting party. 

Identified all witnesses and inter- 
viewed them separately. 
Recorded all witnesses addresses and 
phone numbers. 

Listed names and ages of all children 
present. 
Interviewed the children. 



4. Evidence 



Recorded names of emergency persoiuiel. 



Photographed the crime scene. 

Took "Full Body" shot of victim. 

PHOTOGRAPHED the Victim 's Injuries. 

Photographed the suspect's injuries. 

Impounded or took into evidence all 
weapons used or items thrown. 
Impounded weapons for safekeeping. 

Attached related reports, photos and 
evidence tags. 



Identified treating physician. 



Investigating Officer 



Date 



Commanding Officer 



Date 



-70- 



NVESTIGATIONS 



Domestic Violence 
Documentation 



Photographs improve prosecution success rales 



BY DAVID L. HINDS 




Before documenting s/wcific injuries, lake a 
full -body photograph of the victim to estab- 
lish identity ami the location of injuries. 



Stalisiics show ih;ii in llic United 
Stales, n woman is battered by a 
husband or partner every 15 seconds. 
In a national survey, over half of the 
males who were violent toward female 
partners also abused their children. 
Police estimate that 40 to 60% of their 
calls are in some way related to domes- 
tic violence. 

As the awareness and frequency of 
domestic violence incidents increases, 
so loo has the need for a tool to assist 
in the effective documentation and 
reporting of these incidents. Fortunate- 
ly, one of the most effective tools is 
also one thai has been used by law 
enforcement for almost 50 years — 



instant photogra- 
phy. 

In March 1992. 
Polaroid Corpora- 
tion received ;i 
request from the 
Norfolk County. 
MA. District Attor- 
ney's office to train 
10 area police 
departments in the 
use of instant pho- 
tography to record 
domestic violence 
incidents. The goal 
of the training was 
to provide law 
enforcement offi- 
cers with a tool to 
increase the effec- 
tiveness of written 
incident reports by providing a vehicle 
to communicate the severity of an 
incident in a way that words alone 
cannot. 

IMPROVING THE ODDS 

One of the most emotionally- 
charged situations to which police 
officers must respond is the domestic 
violence call. Detailed incident report- 
ing, including photographs of the vic- 
tim's injuries, can significantly 
improve the rate of successful prose- 
cutions of offenders. The effective 
recording of a domestic violence inci- 
dent upon arrival at the scene is criti- 
cal to future court proceedings. 

Sarah Duel, director of the Domes- 
tic Violence Unit of the Suffolk Coun- 
ty District Attorney's office said. "If 
we can determine from the police 
report the victim's statements. 



demeanor, injuries and history, then 
we as prosecutors can belter protect 
the victim and hold the defendant 
accountable This information is also 
extremely important to a judge when 
considering bail and making judg- 
ments- about future actions by a defen- 
dant." 

Photography can play a valuable 
role in bringing domestic \ iolence 
cases to trial. Research indicates that 
many such victims attempt to chop 
charges against an abuser within 24 
hours of filing a complaint. However, 
in many stales, the existence of record- 
ed evidence (photographs) of criminal 



7ir»Ar photograph* of the exterior ami interior 
o/ the structure where the tthii.se oi ( nrreil 
from multiple perspet lives ami varying ihs- 
lances. 




LAW and ORDIK InK IW 



-71- 



Take mid-distance, close-up uiul onc-io- 
one photos ol specific injuries. Tottvtrid 
eu essive shadows, position the victim 01 
Iron I <>/ a non-reflective surface to allow 
shadows to drop behind the .subject. 




activity (assault) allows a law enforce- 
ment agency to continue the investiga- 
tion and prosecution of the case with- 
out the victim's participation. 

"We base our policy on the experi- 
ence ol the San Diego Police Depart- 
ment, where then prosecutors go for- 
ward in approximately l()'/< of cases 
where the victim cannot testify. They 
are able to secure convictions in about 
*>()'/< ol those cases. This underscores 
the importance ol police investigation 
anil the taking of photographs of the 
victim's injuries at the scene," Uuel 
said. 

in many states, such as Massachu- 
setts and California, law and protocol 
dictate that responding officers address 
the victim's medical condition first. 
Officers then read aloud and provide 
lo the victim a copy of the slate's abuse 
la\s In Massachusetts, if a suspect is 
present, police are obligated to make 
an arrest if the person lias violated a 
vacate, no contact and/or refrain from 
abuse order issued by a judge. A sus- 
pect will also be arrested without such 
orders if the officer has reason to 
believe that a person has committed a 
felony or a misdemeanor involving 
abuse. 

"The problem is that, historically, 
police and the criminal justice system 



prosecute the suspect." 
William D. Delahtint, 
Norfolk County. MA. dis- 
trict attorney, said. "In 
Norfolk County, we are 
prosecuting suspects even 
if the victim decides not 
to participate, so we nec- 
essarily rely heavily on the police 
report, including photography, made 
by the first responding officers at the 
crime scene." 

Once the scene is secured, how well 
a responding officer documents the 
incident will dramatically impact the 
success or failure ol a subsequent trial. 
"To prosecute successfully, the 
assistant district attorneys trying the 
cases t\cci\ police cooper- 
ation in providing the very 
best reporting of the cir- 
cumstances," Norwood. 
MA, Police Chief George 
Dilllasi said. The report- 
ing system designed by 
the Norwood police 
includes three basic ele- 
ments: a domestic vio- 
lence checklist; the 



recording of spontaneous 
utterances made at the scene 
or in subsequent interviews 
with the victim; and exten- 
sive photographic docu- 
mentation of the incident 
scene and victim. 

The checklist that each 
officer must complete pro- 
vides pertinent information 
regarding the victim, the 
suspect, witnesses and other 
evidence. Because ihe 
checklist outlines all the 
details necessary to build a 
case, there is no need for the officer lo 
second guess whether they have 
obtained all the information they need. 
Specific information on the checklist 
is supplemented with instant photos. 

"Anything the victim says about 
the crime, what we call 'spontaneous 
utterances,' are written down in quota- 
lion form whenever possible," DiBlasi 
said. 'The officers then take a series 
of detailed photographs of ihe victim 
and the crime scene." 

MULTIPLE PERSPECTIVES, 

As a supplement lo a whiten report, 
instant photographs provide substan- 
tial evidence of abuse. In order to 
ensure the effective documentation of 
the incident, (he victim's injuries 
should be photographed from a mini- 




Use a cops'stand attachment o 
capture actual size images of 
injuries. Make certain lo docu- 
ment scars and lading injuries 
winch can prove a pattern of 
abuse. 



-72- 



July 1993 LAW and ORDER 



mum o! three perspectives, hirst, ii 
full-body photograph should be taken 
for identification of lite victim and lo 
establish the location of all visible 
injuries. Next, take close-up photos of 
each injury to capture detail. Also, 
record any evidence of old or fading 
injuries. Finally, take onc-lo-onc (actu- 
al size) photos of small or lading 
injuries. 

Be certain to document examples 
of fresh bruising, cuts and swelling. 
Check the upper and lower sections of 
the victim's arms lor defensive injuries 
typical in instances where the victim 
tries to deflect blows. Also, look lot 
old scars and the skin discoloration 
which occurs when bruises lade. These 
images may substantiate an allegation 
of a pattern of abuse over an extended 
period of time. In many cases, a vic- 
tim's wounds will be hidden by cloth- 
ing. In this situation, have a female 
officer or victim advocate available lo 
lake photos of these injuries in a pri- 
vate setting. 

The bright overhead light sources 
commonly found in household settings 
can create sharp shadows on a person- 
's face. Because these shadows can 
exaggerate or conceal injuries, photo- 
graph the victim using a diffused light 
source such as a shaded overhead 
lamp, table lamp or daylight. Also, 
position the victim a lew feet in front 
of a non-reflective surface such as a 
painted wall. This will allow any shad- 
ows to drop behind the subject. 

If the automatic flash causes exces- 
sive shadows, position the camera 
slightly lo the left or righl of the sub- 
ject, lower the camera's flash setting 
and take another photograph. You 
may also position the camera slightly 
above the subject to diffuse the flash. 
However, lo avoid distortion, don't 
point the camera up or down at the 
subject at an extreme angle. 

If image detail is being obscured by 
excessive light, lower (he camera's 
flash setting and move slightly away 
from the subject before taking another 
photograph. A good general rule to 
remember is: the closer the subject. 
the less light required for illumination 
of the subject. 

THE CRIME SCENE 

It is also important lo photograph 



t nc enviionineni in which inc aou.se 
occurred. The guidelines governing 
standard crime scene documentation 
should be applied lo all domestic vio- 
lence incidents, and you should work 
your way into the location as you 
would in any criminal investigation. 
Take photographs of the exterior of 
the structure where the incident 
occurred, again, front multiple per- 
spectives and varying distances. II 
possible, record the address of the 
dwelling including the street name. 
Obtain images of any exterior evi- 
dence of damage resulting from the 
incident, particularly evidence ol 
forced entry such as broken windows, 
doors or locks. Hvidcnee of forced 
entry may help to prove the violation 
of a restraining order. 

Record the room or rooms where 
the incident took place. Photograph 
broken or overturned furniture, dam- 
aged appliances and any structural 
damage. In assessing restitution 
amounts, such photographs may prove 
invaluable. Document any evidence of 
drug or alcohol use including para- 
phernalia and empty beverage contain- 
ers. 

Finally, record any evidence of the 
presence of weapons. Do not limit 
yourself lo conventional weapons such 
as guns and knives. Because of the 
spontaneous nature of many domestic 
violence incidents, common house- 
hold items including furniture, curtain 
rods and cords arc often used as 
weapons. Photograph all evidence at 
the scene from several perspectives: 
first, from a wide angle lo show the 
overall scene: second, document spe- 
cific evidence in relation to the overall 
scene. Document evidence from a 
close-up position with and without a 
ruler or other object lo indicate scale. 
Where appropriate, use a copysiand lo 
document small objects of evidence. 

"We have lo identify what is evi- 
dence: we must gather and preserve 
thai evidence: and we have lo present 
il in an appropriate fashion so it can be 
used in court." DiBlasi said. "A domes- 
tic violence checklist anil instant pho- 
tography arc the key components of 
our success. Photographs capture ihc 
violence of the moment — and make an 
impact on the jury. They also refresh a 



I . i i I II i V\ Ilk. II I ilk 



I I . ~ . . . ^ . . 



quite vi\id six months latci in court 

EQUIPMENT SELECTION 

Because ol the charged aimospheie 
at the scene ol a domestic \ ioiencc 
incident, you must be familial with the 
operation ol the photograph) equip- 
ment and be capable ol obtaining pho- 
tographs without being overh iiilru 
sivc. The presence ol complex photog- 
raphy equipment can he vers intimi- 
dating, and il the process of taking 
photographs becomes prolonged, the 
victim may become upset and with- 
draw permission to lake photographs. 

Norfolk Count) police officers 
were trained lo document domestic 
violence incidents using the Polaroid 
Close-up Kil for Law Enforcement. 
The kil includes ihc Spectra insiani 
camera system: close-up lens attach- 
ment: and one-to-one copysiand. The 
Spectra camera features a sonar auto- 
focus: built-in programmed Hash, a 
Hash override function and self-timer. 
To simplify its operation, the camera's 
control panel features an exposure 
control that enables the user to adjust 
the lightness or darkness ol the phoios 
with the movement of a single switch 
The entire system is simple 10 operate. 
yet is versatile enough lo meet most 
incident documentation needs. 

Details of injuries arc recorded 
using the close-up lens attachment that 
allows officers to photograph objects 
as close as 10 inches. Images ol small- 
er wounds, such as cigarette burns and 
details of failing wounds and bruises, 
are captured using the copysiand. To 
operate the copysiand the user simply 
places Ihc camera, lens pointed down- 
ward, into the stand, frames ihc injurs 
lo be documented and snaps the pic- 
ture. The camera's Hash and optics are 
designed to assure primer exposure 
and locus without adjustment or modi- 
fication. 

To assist police. Polaroid intro- 
duced High Definition GridFilm. When 
used with the Spectra system close-up 
lens attachment lo photograph a sub- 
ject, a series of vertical and horizontal 
lines appears over the image. F.ach 
square of the grid pattern measures 
one centimeter in each direction and 
can be used to accurately measure Ihc 
size of a wound. To place individual 



LAW and OKDKK Julv IW 



-73- 



incidents in .1 context llial visually 
communicates the sevcrily of a situa- 
iniii. district attorney's oil ices arc 
using Polaroids OncStep Photogrnpli- 
ic copier io create "photographic sto- 
ryhoards" that iliustrate the victim's 
injuries anil the crime scene lor pre- 
sentation to a jury 

A simple, push button-operated 
system thai resembles a conventional 
photocopier, the QneSlep produces 
lull-color or black-and-white photo- 
graphic copies, enlargements and 
transparencies of the instant pho- 
tographs taken at the scene. The 
OneSlep produces sharp, comimious- 
lone color prints without a loss of 
image quality. These images are then 
used during trial proceedings to pre- 
sent, on a single sheet of film, the pro- 
gression ol injuries suffered by the 
victim ovc a period of lime. The sys- 
tem also creates enlargements of regu- 
lar instant photos to highlight specific 
details ol an injury. 

INSTANT ADVANTAGES 

Instant photography offers several 
disiinel advantages when used to doc- 
ument domestic violence incidents. 
First, instant photographs provide con- 
firmation that the necessary images 
have been obtained. Also, because the 
results are immediate, officers lake 
only the shots needed. Speed is anoth- 
er benefit. Instant photos ol a victim's 
injuries, when presented with written 
documentation of the incident, can be 
useful in obtaining a restraining order 
against an abuser. 

Instant cameras are easy to operate 
ami require minimal training and pho- 
tographic expertise to achieve salislae- 



lijM.il on its experiences working with 
the Sutiolk jikI Norlnlk District Attorney's 
ol I ices in Massachusetts. Polaroid lias 
developed j domestic violence injury docu- 
mcnialion training module as a pari ol ils 
School of Law Hnloi cement Imaging semi- 
nal series The module is designed In pro- 
vide law cnlorceuieni officers, prosecutors 
and domestic violence victim advocates 
with hands-on training in the photographic 
documentation ol bodily injuries and crime 
scenes, lor information on how you can 
attend a domestic violence documentation 
seminar, call (XI Ml) 225- loIX 



lory results. Because of this simplicity . 
officers can obtain the necessat) 
images ol I he victim with a minimum 
ol intrusion. Instant cameras are versa- 
tile, and incorporate numerous fea- 
tures thai make them appropriate lor 
photographing victim injuries and the 
surroundings where the abuse 
occurred. 

Finally, because instant photographs 
arc lainperprool, and are destroyed by 
any attempts to alter (hem. they with- 
stand lough scrutiny by judges and 
juries. "The technical quality of instant 



film and cameras has allowed us to 
discern (he coloring and detail of bruis- 
ing and other injuries to a credible 
degree," Delahunl said 

"Also, batterers don't look like 
criminals, and consequently, juries 
hesitate to convict them. A photo can 
change their mind. That's why we 
encourage police officers to take pho- 
tographs ai the scene." L&O 

David /.. Hinds is direvlor of Strategic 
Planning for Polaroid Corporation s law 
enforcement uinl government sectors. 



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-74- 

Circle 89 on Reader Service Card 

July IW3 LAW and ORDER 



Legal Developments In 
Domestic Violence Law 






265 § 43 Stalking; punishment 

(a) Whoever willfully, maliciously, and repeatedly follows or harasses another person 
and who makes a threat with the intent to place that person in imminent fear of death or 
serious bodily injury shall be guilty of the crime of stalking and shall be punished by 
imprisonment in the state prison for not more than five years or by a fine of not more 
than one thousand dollars, or imprisonment in the house of correction for not more than 
two and one-half years or both. 

(b) Whoever commits the crime of stalking in violation of a temporary or permanent 
vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, 
thirty-four B, or thirty -four C of chapter two hundred and eight; or section thirty-two of 
chapter two hundred and nine; or sections three, four, or five of chapter two hundred and 
nine A; or sections fifteen or twenty of chapter two hundred and nine C; or a temporary 
restraining order or preliminary or permanent injunction issued by the superior court, 
shall be punished by imprisonment in a jail or the state prison for not less than one year 
and not more than five years. No sentence imposed under the provisions of this 
subsection shall be less than a mandatory minimum term of imprisonment of one year. 

A prosecution commenced hereunder shall not be placed on file or continued without a 
finding, and the sentence imposed upon a person convicted of violating any provision of 
this subsection shall not be reduced to less than the mandator],- minimum term of 
imprisonment as established herein, nor shall said sentence of imprisonment imposed upon 
any person be suspended or reduced until such person shall have served said mandatory 
term of imprisonment. 

A person convicted of violating any provision of this subsection shall not, until he shall 
have served the mandatory minimum term of imprisonment established herein, be eligible 
for probation, parole, furlough, work release or receive any deduction from his sentence 
for good conduct under sections one hundred and twenty-nine, one hundred and twenty- 
nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; 
provided, however, that the commissioner of correction may, on the recommendation of 
the warden, superintendent, or other person in charge of a correctional institution, grant 
to said offender a temporary release in the custody of an officer of such institution for 
the following purposes only: to attend the funeral of next of kin or spouse; to visit a 
critically ill close relative or spouse; or to obtain emergency medical services unavailable 
at said institution. The provisions of section eighty-seven of chapter two hundred and 
seventy-six relating to the power of the court to place certain offenders on probation shall 
not apply to any person seventeen years of age or over charged with a violation of this 
subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine 
shall not apply to any person convicted of violating any provision of this subsection. 

(c) Whoever, after having been convicted of the crime of stalking, commits a second or 
subsequent such crime shall be punished by imprisonment in a jail or the state prison for 
not less than two years and not more than ten years. No sentence imposed under the 
provisions of this subsection shall be less than a mandatory minimum term of imprison- 
ment of two years. 

A prosecution commenced hereunder shall not be placed on file or continued without a 
finding, and the sentence imposed upon a person convicted of violating any provision of 
this subsection shall not be reduced to less than the mandatory minimum term of 
imprisonment as established herein, nor shall said sentence of imprisonment imposed upon 
any person be suspended or reduced until such person shall have served said mandatory 
term of imprisonment 

A person convicted of violating any provision of this subsection shall not, until he shall 
have served the mandatory minimum term of imprisonment established herein, be eligible 
for probation, parole, furlough, work release or receive any deduction from his sentence 
for good conduct under sections one hundred and twenty-nine, one hundred and twenty- 
nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; 
provided, however, that the commissioner of correction may, on the recommendation of 
the warden, superintendent, or other person in charge of a correctional institution, grant 
to said offender a temporary release in the custody of an officer of such institution for 
the following purposes only: to attend the funeral of next of kin or spouse; to visit a 
critically fll close relative or spouse; or to obtain emergency medical servicss unavailable 
at said institution. The provisions of section eighty-seven of chapter two hundred and 
seventy-six relating to the power of the court to place certain offenders on probation shall 
not apply to any person seventeen years of age or over charged with a violation of this 
subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine 
shall not apply to any person convicted of violating any provision of this section. 

(d) For the purposes of this section, "harasses" means a knowing and willful pattern of 
conduct or series of acts over a period of time directed at a specific person, which 
seriously alarms or annoys the person. Said conduct must be such as would cause a 
reasonable person to suffer substantial emotional distress. 

Added by SU992. c. 31. 



-75- 



STALKING BILL 

By: Robert J. Bender, Assistant District Attorney, 
Essex County District Attorney's Office 

On Monday, May 18, 1992, Governor Weld signed Senate Bill 
1493, St. 1992, c. 31, which creates two new crises, "stalking" 
and stalking in violation of a court order, G.L. c. 265, 
§§43 (a) and 43(b), respectively. There are enhanced penalties 
for second and subsequent convictions of stalking, added as 
§43 (c) . An emergency preamble was signed, which made these new 
crimes effective at 2:30 p.m. Monday, May 18, 1992. 

ELEMENTS 
"STALKING:" C 265. S43ral 

(1) "whoever willfully, maliciously , and repeatedly" 

(2) "follows or harasses another person" 

(3) " and who makes a threat with the intent to place that 
person in imminent fear of death or serious bodily 
injury" 

"STALKING TN V IOLATION OF A COURT ORDER:" c . 265. *43rb) 

(1) "whoever commits the crime of stalking" 

(2) "in violation of a temporary or permanent vacate, 
restraining, or non-contact order or judgment issued 
pursuant to" G.L. c. 208, §§18, 34B, or 34C, or G.L. 
C. 209, §32, or G.L. C 209A, §§2, 4, or 5, or G.L. C. 
209C, §§15 or 20, or a temporary restraining order or 
preliminary or permanent injunction issued by the 
superior court. 

ANALYSIS 

The Legislature has recognized that some offenders have 
been committing serious misconduct which seemed to "borrow" 
elements of certain "traditional" crimes, but as a whole was 
not targetted by any crime. This new statute defines a new 
crime, "stalking," and spells out its elements with particular 
care to give proper notice of what misconduct falls within its 
scope. The new crime is not intended to replace but to 
complete the familiar list of offenses against persons which 
have been used to address such behavior. It is certain that in 

July 1992 

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LAW ENFORCEMENT 
NEWSLETTER 



-the past: some offenders have committed acts best described as 
"stalking," but until now these offenders usually could be 
prosecuted only for misdemeanors. Now, if every element of the 
crime of stalking can be shown to have occurred since 2:30 p.m. 
on May 18, 1992, a felony can be prosecuted in appropriate 
cases. 

Jurisdiction and Penalties 

"Stalking," G.L. c. 265, §43 (a), is punishable by a fine or 
by 5 years imprisonment in state prison or by 2 1/2 years in 
the house of correction. Thus it falls within the concurrent 
jurisdiction of the District Court and the Superior Court. 
"Stalking in violation of a court order," G.L. c. 265, §43 (b), 
also is punishable by 5 years imprisonment in state prison or 
by 2 1/2 years in the house of correction, but this crime 
carries a mandatory minimum sentence of one year, which may not 
be suspended or reduced by probation, parole, work release, or 
furlough. The statute uses the same language for the mandatory 
portion of the sentence as is used in G.L. c. 94C, §32H, 
concerning mandatory minimum sentences for certain drug 
offenses. This crime too falls within the concurrent 
jurisdiction of the District Court and the Superior Court. 

Second and Subsequent Offenses 

Under G.L. c. 265, §43 (c) , if a prior conviction for "the 
crime of stalking" is proven, the authorized penalty doubles to 
10 years imprisonment in state prison, with a house of 
corrections alternative. There is a 2 year mandatory minimum 
term. G,l»» c. 218, §26, has not been amended to bring second 
and subsequent offenses within the jurisdiction of the District 
Court. Now it is a 10 year felony within the jurisdiction of 
the Superior Court only. Note that §43 (c) is not as clear as 
it should be regarding what "counts" as a "prior conviction. " 
It is certain that repeat violations of §43 (a) , which is 
defined specifically as "the crime of stalking," are to be 
treated as "second and subsequents" subject to §43(c)'s 
enhanced penalties. The crime of stalking in violation of a 
court order, as defined by §43 (b) , is an "aggravated" form of 
stalking, so that logically a previous conviction under §43 (b) 
should make the repeat offender one who has "been convicted of 
the crime of stalking." It may be argued, however, that §43 (c) 
applies by its very terms only to prior violations of §43 (a). 

Definition of "Harasses" 

As the elements show, stalking is either willful, 
malicious, and repeated "following" with proof of actual 

July 1992 

-77- 



threat, or willful , malicious , and repeated "harassment" with 
proof of actual threat. The new statute defines "harasses" in 
such a manner that if one can prove the statutory element of 
"harasses f " one also will have proved "willfully, maliciously, 
and repeatedly." To prove "harasses," one must show "a knowinc 
and willful pattern of conduct or series of acts over a period 
of time," which is the functional equivalent of "willfully" anc 
"repeatedly. " This choice of language implies that to 
establish "harasses," it is not enough to prove that the 
offender committed several distinct acts (which seriously alarr 
or annoy) at one time or in one criminal contact with the 
victim. It is necessary to prove distinct acts which occurred 
"over a period of time." Stalking is repeated harassment. 
Harassment is repeated if it occurs on more than one occasion; 
harassment is repeated even if the offender does not repeat the 
first pattern of conduct but changes to a different type of 
harassing conduct. 

The second part of the definition of "harasses" requires 
that the misconduct "seriously alarms or annoys the person" and 
is "such as would cause a reasonable person to suffer 
substantial emotional distress." Thus the statute requires 
that the victim actually feel serious alarm or serious 
annoyance due to the offender's actions directed at that 
person, and that the offender's actions be "such as would 
cause" any reasonable person to suffer such "substantial 
emotional distress." 

Evidence of a Threat j 

The third element of "stalking," that of "and who makes a 
threat with the intent to place that person in imminent fear of 
death or serious bodily injury, " cannot be overlooked. An 
offender who repeatedly makes such threats does maliciously 
harass, but one does not commit the crime of s t a lkin g by 
following or harassing alone. There must be proof of an actual 
threat. The "threat" element of staUcing is "narrower" than 
the familiar "threat to commit a crime" offense in G.L. c. 275, 
§3. The threat in stalking requires proof that the offender 
had the specific intent to place the victim "in imminent fear 
of death or serious bodily injury." It is not enough that the 
victim feel threatened or that the offender's acts or words 
"seriously alarm or annoy" the victim. Proof of stalking 
requires evidence of the offender's state of mind or 
intention. In practical terms, however, specific intent to 
place the victim in imminent fear may be inferred from the 
offender's acts or words as reported by the victim. It is not 
necessary to establish that "a reasonable person" would have 



July 1992 

-78- 



LAW ENFORCEMENT 
NEWSLETTER 



been placed in fear by 'the threat , but if that is established, 
the inference that the offender intended to place the victim in 
fear is strong. In addition, specifying that the threat be 
made with the intent to cause the victim "imminent fear" should 
be read to mean that the offender intended that the victim be 
in fear immediately. This does not require that the thr eat be 
one of immediate harm. It is enough that the offender intend 
the victim to be immediately and/or continuously in fear of a 
harm which could occur at any time, without warning. The 
statute does not require that the threat be made "in person. n 

Stalking bv Fol loving 

Finally, the mere willful and repeated following of another 
is not "stalking. " The offender must follow "maliciously," and 
also must make the requisite threat. The threat does not need 
to occur during the act of following, and once the threat is 
made, the "malice" of the act of following may be more 
evident. It would seem that any acts of malice during the 
following also establish the malicious intent. 

Stalking in Viol ation of a Court Order 

Stalking in violation of G.L. c. 265, §43 (a), is a lesser 
included offense, or necessary element of stalking in violation 
of a court order, under G.L. c. 265, §43 (b). The "aggravated" 
form of stalking carries the additional element that the 
stalking occur in violation of the terms of a court order that 
the offender "vacate" the victim's home, or have "no contact," 
or "refrain from abuse. " The court orders listed in the 
stalking statute are the same ones listed in G.L. c. 209A, §7, 
orders which will have been served on the offender pursuant to 
G.L. c. 209A, §7. Of course, violation of such court orders is 
itself a crime, created by G.L. c. 209A, §7, and punishable by 
a fine or by up to two and one half years in jail. Stalking in 
violation of a court order thus appears as an "aggravated" form 
of this misdemeanor too. 

No court order is violated by acts which occur before such 
an order is issued, and it is not necessary to prove that the 
offender intended to violate the court order to prove this 
crime; it is only necessary to prove that the offender 
willingly, maliciously, and repeatedly did the acts which 
constitute stalking. By the act of stalking, one may commit an 
act of abuse ("placing another in fear of immi nent serious 
physical harm") or otherwise violate a "no-contact" or vacate 
(and stay away) order. It does not appear necessary to prove 
that the offender had been served with the court order, but it 



July 1992 

-79- 



is prudent to show that the offender was served or otherwise 
knew about the court order because such evidence strengthens 
the inferences of malice and intent to place the victim in 
imminent fear, each an element of stalking. A prosecutor may 
argue that one who stalks may be guilty without knowledge of 
the court order on a strict liability basis. See Commonwealth 
v. Miller . 385 Mass. 521, 524-525 (1982) (statutory rape). 

Acts of Stalking Committed Before Mav 18. 1992 

It is important to realize that conduct which occurred 
before the time that stalking became a crime may be used only 
to put the offender's conduct after criminalization into 
context. See., e^g. , Commonwealth v. £or£oji, 407 Mass. 340 , 351 
(1990) (evidence of acts which occurred before issuance of 
restraining order may be admissible at trial for violation of 
that order) • The offender must act repeatedly and make the 
requisite threat after the passage of the statute, regardless 
of his or her earlier conduct. 

Form of Complaint or Indictment I 

Complaints or indictments should be drawn in the precise 
wording of the statute. If the acts alleged are covered by the 
mandatory minimum sentencing provisions of the statute, and the 
prosecutor wishes to ensure that these sentencing provisions 
apply, the complaint or indictment should be drawn in two 
parts, with the second page alleging, in the specific terms of 
the statute, the relevant aggravating factor (i.e., violation 
of a court order or previous conviction for stalking) . 

eowrausiON 1 

While the Stalking Bill may not be the solution to every 
case, it will prove to be an important protection or prevention 
only if it is implemented and not ignored. Do not hesitate to 
contact your District Attorney's office or the Attorney 
General's office (Jane Tewksbury, Chief of the Family and 
Community Crimes Bureau, or Diane Juliar, Director of Policy 
and Training, (€17) 727-2200) with questions, suggestions, or 
comments based on your experiences with this new statute. Do 
not be deflected from prosecutions by c h allenges to the statute 
which will be addressed one by one in the trial courts, 
appellate courts, and perhaps in the Legislature. 



July 1992 

-80- 



FREQUENTLY ASKED QUESTIONS ABOUT STALKING 



The following is our current understanding of the 
application of the stalking law. Check with your local 
District Attorney's office, however, to determine whether a 
stalking charge is appropriate in a particular case. 

1. What does the term "repeatedly" mean? 

This term should be given its common sense meaning, that 
is, "more than once". 



2. Are threats a necessary element of stalking, and what kinds 
of threats are sufficient to satisfy this element? 

Yes, it is an element of the crime of stalking that a 
defendant made a threat with the intent of placing the victim 
in imminent fear of death or serious bodily injury. Unless a 
threat has been made, stalking cannot be charged. 

A verbal threat or an action which clearly is intended to 
communicate a threat to the physical well-being of the victim, 
may also satisfy the "threat" element of the crime. For 
example, mailing a copy of a burial insurance policy to the 
victim may be a sufficient "threat" to satisfy this element of 
the crime. 

NOTE: The victim and perpetrator need not have any special 
relationship (for example, "family or household member" as in 
c. 209A) for stalking to be charged under G.L. c. 265, § 43(a). 

3. If there is an outstanding restraining order issued by the 
Superior Court involving two parties not eligible for a 
domestic violence restraining order (for example, 
co-workers who have never had a dating relationship) , can 
stalking in violation of that restraining order be 
prosecuted under c. 265, § 43(b)? 

Yes, the violation of a Superior Court restraining order 
prohibiting a person from imposing any restraint on the 
personal liberty of another is no different from the violation 
of any other restraining order for the purpose of charging the 
defendant with stalking in violation of a restraining order 
under G.L. c. 265, § 43(b). However, other violations of 
non-domestic violence restraining orders are not criminal 
offenses and are only enforceable through civil contempt 
proceedings . 



-81- 



4. Can one of the incidents required to prove the elements of 
stalking have occurred before the effective date of the 
law? 

No. In our view, stalking cannot be charged under these 
circumstances. All of the conduct necessary to prove the crime 
of stalking must have occurred after May 18, 1992, the 
effective date of the law. 



5. In charging stalking, what date do you use on the complaint 
when the incidents giving rise to a charge of stalking 
occurred on different dates? 

You should charge "diverse dates". 



6. If the particular circumstances don't support a charge of 
stalking, what other charges might be brought? 

Some examples of the charges which may be brought include: 

Intimidation of a Witness, G.L. c. 268, § 13B 

Annoying Phone Calls, G.L. c. 269, § 14A 

Threat to Commit a Crime, G.L. c. 275, § 2 

Annoying or Harassing a Person of the Opposite Sex, G.L. c. 

272, § 53 

Extortion, G.L. c. 265, § 25 

7. Where should the complaint be brought if various incidents 
occurred in different jurisdictions? 

A. We are advising law enforcement officials to bring the 
complaint in the jurisdiction where the last incident used to 
satisfy all the elements of the offense occurred, because it is 
at that time that the crime of stalking has occurred. For 
example, if a defendant has been waiting outside his former 
girlfriend's place of work every day in Lynn, and then calls 
her at her home in Somerville and threatens her life, we would 
recommend that the complaint be brought in the Somerville 
District Court. (The Attorney General plans to file legislation 
which would establish venue in any jurisdiction where an act 
constituting an element of the crime of stalking occurred.) 

B. However, if some of the incidents occur out of state, 
e.g., at the victim's cottage in New Hampshire, but the most 
recent one occurs in Massachusetts, it is not clear that a 
stalking charge can be brought in Massachusetts. 



-82- 



8. Do the incidents underlying a stalking complaint have to 
occur within a certain period of time? 

You will have to determine whether or not the crime of 
stalking should be charged on a case-by-case basis. There is 
no requirement under the law that the incidents occur within a 
certain period of time. For example, in one case, a defendant 
may threaten a victim and then, once a month appear in front of 
her home and remain all day. In another case, on a single day, 
the offender may threaten a victim over the phone, go to her 
place of employment, be waiting outside of her home later that 
day and follow her out in the evening. In our view, both of 
these cases could constitute stalking. However, in some cases, 
the incidents may be so far apart in time, and their connection 
so slight, that a stalking charge would be inappropriate or 
unprovable . 



9. What if the restraining order is from another jurisdiction? 

As long as it is a Massachusetts order, the location of the 
issuing court is irrelevant. (The Attorney General's office 
plans to file legislation to include similar restraining orders 
issued by courts in other states within the definition of 
restraining order in the stalking law.) 

10. What does the term "threats" mean? 

"The word 'threat' has a well established meaning in both 
common usage and in the law. It is 'the expression of an 
intention to inflict evil, injury, or damage on another.' 
(Citation omitted) In law 'threat' has universally been 
interpreted to require more than the mere expression of 
intention. It has, in fact, been interpreted to require both 
intention and ability in circumstances which would justify 
apprehension on the part of the recipient of the threat." 
Robinson y. Bradley . 300 F.Supp. 665, 668 (D. Mass . 1969 ) 
However, in Commonwealth v. Ditsch . the Massachusetts Appeals 
Court retreated from the requirement that a defendant be able 
to effectuate his threat. In that case the Appeals Court 
stated, "[w]e do not think that the absence of immediate 
ability, physically and personally, to do bodily harm precludes 
a conviction for threats." 19 Mass. App. Ct . 1005 (rescript) 
(1985). In Ditsch . the defendant was incarcerated and made 
threats in letters written to his mother-in-law. The court 
found that the mother-in-law could reasonably have believed 
that the defendant actually had the ability to cause her bodily 
harm, either personally after his release or through his 
employment of an agent. 
0102p 



-83- 



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-89- 



IM 



OVERVIEW OF PROPOSED AMENDMENTS TO THE STALKING LAW 

Since the stalking law was enacted in 1992, police officers 
and district attorneys have expressed concerns regarding cases 
that the law, as drafted, does not reach. After listening to 
the problems voiced by law enforcement officials — many 
elicited at the 1992 Domestic Violence Conference — the 
Attorney General's Office drafted amendments to the law which 
are designed to remedy several major areas of concern. 

The proposed legislation has three parts. First, the 
legislation simplifies the underlying elements of the crime of 
stalking by deleting the "threat" element. By removing this 
element, the Commonwealth would not have to plead and prove 
that the conduct included an actual, express threat to the 
victim, as long as it was shown that the defendant intended to 
place the victim in imminent fear. This important amendment 
will substantially ease the burden in charging and prosecuting 
stalking cases. If this legislation is enacted, the remaining 
elements of the crime of stalking will be: 

* wilfully, maliciously, and repeatedly 

* follows or harasses another 

* with the intent to place that person in imminent fear of 
death or serious bodily injury. 

Second, the bill provides that outstanding restraining 

orders issued by other states will be valid in Massachusetts 

for purposes of charging under the stalking law. This means 



-90- 



that a defendant cannot escape prosecution and the strict 
penalties under subsection (b) of the stalking law simply 
because an outstanding restraining order was issued by another 
jurisdiction. 

Third, the stalking amendments allow the Commonwealth to 
bring a stalking case in any county where any element of 
stalking occurred. Thus, if the victim was threatened at her 
home in Maiden, then repeatedly harassed at her parent's home 
in Pittsfield, with the harassment providing the final element 
of the crime, the charge clearly could be brought in her "home" 
court of Maiden. 



4428W 



-91- 






SUMMARY OF PROPOSED LEGISLATION REGARDING FIREARMS 
AN ACT TO PREVENT DOMESTIC AND OTHER VIOLENCE 



Legislation has been proposed to address the danger posed by 
firearms in domestic violence situations. While adjustments are 
still being made, the current draft of the legislation does the 
following: 

* Prohibits the issuance of an FID card or license to carry to 
any person against whom there is an outstanding domestic 
violence restraining order. 

* Specifies that upon denial of an application for an FID card 
or license to carry, or its suspension or revocation, the 
applicant or holder must deliver, without delay, all firearms 
and ammunition to the licensing authority. 

* Requires the suspension of an FID card or license to carry if 
a domestic violence restraining order is issued against the 
card holder, provided that the order is not subsequently 
invalidated or vacated; the suspension period must be at least 
as long as the duration of the order. 

* Allows an applicant or holder to appeal the denial, revocation 
or suspension of an FID card or license to carry to the 
licensing authority. If the FID card or license to carry is 
suspended based upon issuance of a domestic violence 
restraining order, the holder may have a hearing for its 
return in court, at the ten day hearing, with notice and an 
opportunity to be heard provided to the licensing authority. 

* Requires FID cards to be renewed every five years to allow 
periodic review of a cardholder's record, and establishes an 
expiration schedule for current FID cards. 

* Increases the application fee for an FID card, and earmarks a 
portion of the proceeds generated by increasing the 
application fee for inputting firearms information into the 
criminal justice information system. 

* Requires the licensing authority to record all action taken on 
FID cards and to forward such information to the commissioner 
of public safety for inclusion in the criminal justice 
information system. 

* Requires the licensing authority to search the statewide 
domestic violence recordkeeping system to determine if an 
applicant for an FID card or a license to carry firearms has a 
domestic violence restraining order in effect against him/her. 



-92- 



Prohibits the issuance of a temporary license to carry to 
nonresidents or aliens against whom there is an outstanding 
domestic violence restraining order. 

Permits the suspension of and prohibits the renewal of a 
temporary license to carry for nonresidents or aliens if a 
domestic violence restraining order is issued against the 
license holder or if the license holder is convicted of a 
felony or a drug-related offense. 

Requires the holder of an FID card or license to carry to 
notify the licensing authority of the occurrence of any event 
which would have disqualified the holder from obtaining the 
card or license initially and, in the case of a license to 
carry, of conviction of any crime. 



-93- 



IDEM "VIOLgNGE AGAINST WOMEN ACT OF 199?" 

(S.11) 

Title I - Safe Street* for Wompn 

Creates New Penalties for Sex Crimes 

* Creates new penalties for hz offenders. 

" Increases restitution for theve&ms of sex crime*. 

Encourages Women to Prosecute Their Attackers 

* Extends Tape shield law" protection id avi cases (e.g. sexual harassment cat**) and ail cnmnal 

cases (other than sexual oeeaufi casws wnefe a already applies) to bar embarrassing and irrelevant inquiries 
into a victim's sexual history at trial. 

* Bars he use of a woman's dotting to show at trial, that the vietm incited or invited a aexuai assau lt 

* Requires Statee to pey for rape exams. 

Targets Places Most Dangerous (or Women, including Public Transit and Parks 

* Autnonzee $300 million for law e n f o rcement efforts to combat violence against women, aiding police, 
prosecutors and victim advocates. 

" Funds increased lighting ana earner* survellants m Ous stops, bus stations, subways and panting lots 
and targets easting funds for increased fighting, emergency telephones and police m public panes. 

Education and Prevention 

* Authorizes S65 million for rape education, starting in junior high. 

Establishes the "National Commission on Violent Crime Against Women' 

* Creates a commission to develop a national strategy for combating violence against woman. 

Trttg fl - Safe Homes for Women 
Protects Women from Abusive Spouses 

* Creates federal penalties tor spouse abusers who cross stale lines to continue their abuse. 
■ Requires all states to enforce any "stay-away" order, regardless of which state issues it 

Promotes Arrests of Abusive Spouses 

* Aumoraes S25 million for states that promote the arrest of aoustng spouses ana experiment with new 
techniques to increase prosecution. 

Provides More Money for Shelters 

* Boosts funding for banereo women's shelters. 
Establishes a National Domestic Violence Hotline 

* Provides feoeral funding for a national domostc violence not une (Senator Kennedy). 

Increases Research and Data 

* Autnon7»s rotoa/cn and mo««ses oata collection on violence against women 

Title III - f^ivil Riohrs for Women 

Extends "Civil Rights" Protections to All Gender-Motivated Crimes 

* Makes oenoe'-toaseo assaults e vtot*i«on et teoeral civil ngftts laws 

* Allows victims of all ioionies 'motivated by genoer* to Ormg avii ngnts suits against their assailants. 

Title IV - Safe Campuses for Women 

Funds Rape Prevention Programs 

* Boosts to $20 million funding for the neediest colleges to fund campus rape education and prevention 
programs. 

Title y - Equal Justice for Wnmpn 
Makes Courts Fairer by Training Judges 

* Creates framing program* lor State and federal judges to raise awareness and increase sensitivity about 
crimes against women. 

-94- 



THE VIOLENCE AGAINST WOMEN ACT 

Side-by-Side Comparison 

S. 11 and H.R. 1133 



HOUSE 



SENATE 



T.tle I ■ SAFE STREETS FOR WOMEN TITLE I - SAF E STREETS FOR WOMEN 

Subtitle A - Law Enforcement and Prosecution Grants Subtitle A - Federal Penalties for Sex Crimes 



* Authorizes $200 million to assist states and law 
enforcement agencies in developing effective law 
enforcement and prosecution strategies, including 
police training programs and data collection systems, 
to combat violent crime against women. 

* Requires states to reimburse sexual assault victims 
for the cost of rape examinations in order to be 
eligible for the law enforcement grants. 

Subtitle B - Rape Prevention Grants 

* Authorizes grants of $60 million for rape prevention 
and education efforts, including educational seminars 
for school-age children, operation of telephone hot- 
lines, training programs for professionals who come 
into contact with sexual assault and domestic violence 
victims, treatment programs for sex offenders, and 
community education and awareness programs. 

* Creates a SI million training program within the 
National Institute of Justice for personnel who work 
with sex offenders and requires the Attorney General to 
ensure that community treatment information is made 
available to released sex offenders. 

Subtitle C - Victim Compensation 

* Mandates financial restitution be paid to victims by 
defendants convicted of federal sex offenses. 

Subtitle D - Natl. Board on Violent Crime Against 2 

* Establishes an Interagency Advisory Board on Violent 
Crime Against Women to review and evaluate programs 
and policies developed by federal agencies to address 
violence against women. 

Subtitle E - Safe Campuses for Women 

* Authorizes $200,000 for the Attorney General to 
conduct a national baseline study to examine the 
problem of campus sexual assaults and the effective- 
««* of policies in addressing these crimes and 
protecting victims. 



NOTE: liahcs dtnou dtffertnca bttwtt* House amd 



am 



• Requires U.S. Sentencing Commission to review and 
amend federal sentencing guidelines for sex offenders 
and to recommend to Congress amendments regarding 
penalties if appropriate, including repeat offenders. 

• Requires that victims of federal sex crimes be 
fully compensated by the defendant (Similar to 
Subtitle C, Title I of H.R. 1133). 

• Authorizes SI. 5 million for victim witness counselors 
to assist federal prosecutors 

Subtitle B - Law Enforcement and Prosecution Grants 

• Authorizes SI 00 million for law enforcement and 
prosecution grants in 40 "high intensity " crime areas. 
Requires Bureau of Justice Statistics to compile list of 
40 areas with highest rates of violent crime against 9 

• Authorizes $200 million for grants to states and 
Indian tribes for law enforcement and prosecution of 
violent crimes against women. (Similar to Subtitle A, 
TitlelofHJL 1133) 

Subtitle C - Safety for Women on Public Transit and 
Public Parks 

• Authorizes S35 million for increased lighting, camera 
surveillance, emergency phones and security personnel 
in public transportation systems, public parks and the 
National Park system. 

Subtitle D • Justice Deptartment Task Force on 
Violence Against Women 

• The Attorney General shall appoint a 15-member 
task force to evaluate and assess federal and state 
laws and policies regarding violent crime against 
women and make recommendations for how to 
prevent and respond to violent crime against women. 

Subtitle E • New Evidentiary Rules 

• Amends the Federal Rules of Evidence to limit the 
admissibility of evidence of a victim's past sexual 
behavior and to prohibit a victim's reputation or 
opinion about the victim's past sexual behavior from 
being admissible in federal criminal cases or in civil 



-95- 



cases including those brought under Title Ml of the 
1964 Civil Rights Act or under the Civil Rights 
section of the Violence Against 9 Act (Similar to 
Subtitle A, Title IV, H.R. 1133) 

* Prohibits evidence of a victim's clothing from being 
admitted in federal sex offense cases to show that the 
victim incited or invited the assault, (same as Subtitle 
A, Title IV, H.R. 1133) 

Subtitle F - Assistance to Victims of Sexual Assault 



TITLE II - SAFE HOMES FOR WOMEN 



* Authorizes $65 million for rape prevention and 
education programs, including educational seminars, 
operation of hotlines, training programs for 
professionals and preparation of informational 
materials (Similar to Subtitle B, Title I, H.R. 1133) 

* Requires states to incur full cost of forensic medical 
exams for victims of sexual assault in order for states 
to be eligible for funds under Title I of V AW A (Simi- 
lar to provision in Subtitle A, Title I of H.R. 1133) 

* Authorizes $10 million for treatment, counseling, 
information and referral of female runaway, homeless, 
and street youth who are being or are at risk of being 
sexually abused. 

* Amends Federal Rules of Criminal Procedure to 
permit victims or family members the right to address 
the court before sentencing. ± 

TITLE n - SAFE HOMES FOR WOMEN ".. 



Subtitle A - Interstate Enforcement 

* Creates federal criminal penalties for anyone who 
travels across state lines to contact their spouse or 
intimate partner and then causes that person bodily 
harm. 

* Creates penalties for traveling across state lines and 
violating a protection order. 

* Provides mandatory restitution to the victim of an 
offense under this title. 

* Provides that the victim of a crime under this 
subtitle may be heard by the court regarding the 
danger posed by the defendant for the purpose of 
determining whether the defendant should be released 
pending trial, or for determining conditions for such 
release. 

* Requires states to fully enforce protection orders 
issued by the court of another state. 



Subtitle A - Family Violence Prevention and Services 
Act Amendments 

* Authorizes $500,000 for the operation of a national, 
toll-free telephone hotline to provide information and 
assistance to victims of domestic violence. 

Subtitle B— Interstate Enforcement 

* Creates federal criminal penalties for anyone who 
travels across state lines with intent to injure their 
spouse or intimate partner. 

* Provides that the victim of a crime under this 
subtitle may be heard by the court (Similar to 
provision in Subtitle A, Title II of H.R. 1133) 

* Provides mandatory restitution to the victim of an 
offense under this title. 

* Requires states to fully enforce protection orders 
issued by the court of another state. 



-96- 



HOUSE 



iLi>n»L 



TITLE ID - CIVIL RIGHTS 

* Declares crimes motivated by the victim's gender to 
be bias crimes that violate the victim's right to be free 
from discrimination on the basis of gender. 

* Gives victims of rape, sexual assault, and other 
violent felonies committed because of gender or on the 
basis of gender the right to bring a civil action against 
the attacker in a federal court. Random violent acts 
that are unrelated to gender, as well as acts that 
cannot be demonstrated by a preponderance of 
evidence to be gender-motivated, are not covered. 

TITLE IV - EQUAL JUSTICE FOR 9 IN THE COURTS 

Subtitle A - New Evidentiary Rules 

* Amends the Federal Rules of Evidence to limit the 
admissibility of evidence of a victim's past sexual 
behavior and to prohibit a victim's reputation or 
opinion about the victim's past sexual behavior from 
being admissible in federal criminal cases or in civil 
cases including those brought under Title VII of the 
1964 Civil Rights Act or under the Civil Rights 
section of the VAWA (Simil. to Title I, Subt. E,S.ll). 

* Prohibits evidence of a victim's clothing from being 
admitted in federal sex offense cases to show that the 
victim incited or invited the assault (Same as Title I, 
Subtitle E, S.ll). 

Subtitle B - Education and Training for Judges and 
Court Personnel in State Courts 

* Authorizes $600,000 in fy '94 for the State Justice 
Institute to award grants for the purpose of devel- 
oping, testing, presenting and disseminating model 
programs to be used by states in training judges and 
court personnel in the laws of the state on rape, 
sexual assault, domestic violence, and other crimes of 
violence motivated by the victim's gender. 

Subtitle C - Education and Training for Judges and 
Court Personnel in Federal Courts 

* Authorizes $600,000 in fy '94 for the circuit judicial 
end Is to study gender bias in their respective circuits. 

* Requires the Federal Judicial Center to include in 
its judicial educational and training programs 
information related to gender bias in the courts. 
Authorizes $100,000 for this purpose and for a 
clearinghouse to disseminate reports and materials 
generated by gender bias studies. 



TITLE HI - CIVIL RIGHTS 

* Declares crimes motivated by the victim's gender to 
be bias crimes that violate the victim's right to be free 
from discrimination on the basis of gender. 

* Gives victims of violent felonies committed because 
of gender or on the basis of gender and due at least in 
part to an animus based on the victims gender the right 
to bring a civil action against the attacker in a federal 
court. Random violent acts. ..(Same as Title HI, H.R. 
1133) 

* Expresses the sense of Congress that news media, law 
enforcement officers, and others should exercise 
restraint and respect for a rape victim 's privacy by not 
disclosing the victim 's identity. 

TITLE IV - SAFE CAMPUSES FOR WOMEN 

* Authorizes $20 million for rape prevention programs 
on campuses. 

TITLE V - EQUAL JUSTICE FOR WOMEN IN 
THE COURTS 

Subtitle A • Education and Training for Judges and 
Court Personnel in State Courts (Same as Subtitle B, 
Title IV, H.R.1133) 

Subtitle B - Education and Training for Judges and 
Court Personnel in Federal Courts 

* Encourages the circuit judicial councils to study 
gender bias in their respective circuits and authorizes 
$400,000 for this purpose. 

* Requires the Federal Judicial Center to include in 
its judicial educational and training programs 
information related to gender bias in the courts. 
Authorizes $100,000 for this purpose and for a 
clearinghouse to disseminate reports and materials 
generated by gender bias studies. 

TITLE VI - VIOLENCE AGAINST WOMEN 
IMPROVEMENTS 

* Includes: pretrial detention in sex offense cases; 
increased penalties for offenses against victims below 
age of 16; payment for victim's HIV tests; restitution 
for victims; additional revisions of evidentiary rules; 
studies of campus sexual assault and battered women'i 
syndrome; report on record keeping and confidential^ 
of addresses for victims; and authorization of increase 
funding for states providing requisite programs. 



-97- 



Subtitle B - Arrest in Domestic Violence Cases 



Subtitle C - Arrest in Spouse Abuse Cases 



• Authorizes $25 
mandatory arrest 
domestic violence 
domestic violence 
service programs 
educate members 
domestic violence 



million for grants to implement 
programs, improve tracking of 
cases, centralize and coordinate 
cases, strengthen legal advocacy 
for victims of domestic violence, and 
of the criminal justice system about 
to improve handling of such cases. 



Subtitle C - Safe Homes for Immigrant Women 

* Permits immigrant spouses of U.S. citizens and legal 
residents to self-petition for legal resident status based 
on a valid marriage, thus preventing abusive spouses 
from controlling the battered immigrant's legal status. 

* Makes battered immigrant family members eligible for 
work authorization and stay of deportation, ending the 
economic dependency that forces battered immigrant 
women and children to stay in an abusive home. 

* Allows battered immigrant family members to petition 
for permanent U.S. residency after the legal 
termination of a valid marriage. 

* Provides due process rights to battered immigrants 
whose claims have been denied by allowing them to 
present evidence and witnesses in support of their 
application. 

Subtitle D - Confidentiality for Abused Persons 

* Protects the confidentiality of abused persons' 
addresses by prohibiting disclosure of battered 
women's addresses. 



* Authorizes $25 million for grants to implement pro- 
arrest programs, improve tracking of domestic 
violence cases, centralize and coordinate domestic 
violence cases, and educate judges about domestic 
violence to improve handling of such cases. 

Subtitle D - Funding for Shelters 

* Authorizes $85 million for the Family Violence 
Prevention and Services Act. 

Subtitle E - Family Violence Prevention and Services 
Act Amendments 

* Ensures that the needs of underserved racial, 
cultural, and ethnic minority populations are addressed 
and requires the submission of annual performance 
reports and assessments. 

Subtitle F - Youth Education and Domestic Violence 

• Authorizes $400,000 for the development of four 
model programs for the education of young people 
about domestic violence. 

Subtitle G - Confidentiality for Abused Persons 

* Protects the confidentiality of abused persons' 
addresses by prohibiting disclosure of battered 
women's addresses. 

Subtitle H - Technical Amendments 

Subtitle I - Data and Research 

• Authorizes development of a research agenda to in- 
crease understanding and control of violence against 9 

• Requires the Dept. of Justice to study how states may 
collect centralized databases on the incidence of 
domestic violence offenses within a state. 

• 

• Requires the Centers for Disease Control to study the 
incidence of injuries resulting from domestic violence, 
the cost of such injuries, and to recommend strategies 
for reducing the incidence and cost of such injuries. 



-98- 



Copyright 1993 Trial magazine. Reprinted with permission 



Domestic Violence 

A Crime, Not a Quarrel 



Joseph R. Biden 



Imagine a world in which 3 to 
4 million people arc suddenly 
struck by a scnous, recurring ill- 
ness. There is chronic pain, trau- 
ma, and injury. Authorities fail to draw 
any connection between individual 
bouts with the disease and the greater 
public threat. Many suffer in silence. 

This is the United States of Amenca 
in 1993: The disease is violence, and the 
victims arc predominantly women who 
arc beaten in their own homes. 

For too long, we as a nation have 
failed to grasp cither the scope or the 
seriousness of domestic violence. If the 
leading newspapers were to announce 
tomorrow the discovery of a new disease 
affecting 3 to 4 million women everv 
vear. few would fail to appreciate the se- 
riousness of the illness. Yet. when it 
comes to the 3 to 4 million women who 
arc victimized by violence in their own 
homes, 1 the alarms sound faintlv. 

For the past four years, the U.S. sur- 
geons general have warned that domes- 
nc violence— not heart arracks or cancer 
or strokes— poses the single largest threat 
of injury to adulr women in this coun- 
try 2 But no matter how often this has 
been repeated, we still hear those who 
deny and distance this violence by call- 
ing it a family problem, a pnvarc matter, 
or a question of miscommunication. 

Until the 20th century, this nanon 
actually condoned domestic violence. 

Sen. Joseph R. Biden (D-Del.) cham the 
Judiciary Committee of the United States 
Senate. 



following a common law rule known as 
the "rule of thumb." This barred a hus- 
band from " restrain [ing] a wife of her 
liberty" by "chastisement" with a stick 
any thicker than a man's thumb. 3 The 
rule, originally intended to protect wom- 
en from excessive violence, ironically 
institutionalized domestic violence. 

Unfortunately, this common law prin- 
ciple has left a legacy of legal blindness 
toward violence against women. Decades 
after the "rule of thumb" disappeared, 
many jurisdictions in the United Sates 
still refused to arrest and prosecute 
spouse abusers, even in cases where a 
comparable assault by a stranger on the 
street would have led to a lengthy jail 
term. For example, a 1989 study in the 
nation's capital found that in over 85 
percent of the domestic violence cases 
where a woman was found bleeding 
from wounds, police did not arrest her 
abuser. 4 

History and language have conspired 
to convince us that domestic violence 
is somehow "domesticated"— tame. 
Everv time we use the words "domestic 
violence," we invoke this history and 
suggest that this violence is somehow 
less serious than an assault on the street. 
The reality is far different than our lan- 
guage suggests. For example, family vio- 
lence accounts for a significant number 
of murders in this country. Every day 
four women arc killed by their male 
partners, and at least one-third of all 
women who are murdered die at the 
hands of a husband or boyfriend. 5 

Indeed, most domestic violence is tar 



removed from a "push and shove." Ac- 
cording to the U.S. Department of Jus- 
tice, one-third of these attacks, if report- 
ed, would be classified as felony rapes, 
robberies, or aggravated assaults. The re- 
maining two-thirds would be classified 
as simple assaults, though up to half of 
them involved "bodily injury at least 
as serious as the injury inflicted in 90 
percent of all robberies and aggravated 
assaults."* 

Scope of Battering Problem 

In 1990, the U.S. Senate Judiciary 
Committee began to investigate violence 
against women. As chairman of the com- 
mittee, I held hearings and then drafted 
legislation— the Violence Against Wom- 
en Act. 7 During the preliminary investi- 
gation it became clear to me that this 
nation has, for decades, operated under 
a false idea of violence against women. 
What the public was calling a private af- 
fair turns out to be a very public tragedy. 
One million women a year seek medi- 
cal assistance for injuries caused by vio- 
lence at the hands of a male partner* 
That is a public health menace, not a 
private malady. Children in homes with 
domestic violence are 15 rimes more 
likely to be abused or neglected than 
children in peaceful homes. 9 That is a 
public tragedy for future generations, 
not a private failure of communication. 
We spend 55 billion to S10 billion a year 
on health care, criminal justice, and oth- 
er social costs of domestic violence. ,0 
That is a public budget crisis, not a mi- 
nor shortfall. 



TRIAL JUNE 1993 



-99- 



«.- \kr.»lkr».l \Lmn 



Our talsc idea ill this violence has in 
turn left u>> in the dark .1 hi Hit some of 
the most important basic questions 
about domes tk violence. For example, 
until recently \\e have had little reliable 
data on the seope ol the problem. Inde- 
pendent estimates ramie from 2 million 
to 12 million victims j vear. with rhe 
most often cited numbers showim: that 
between 3 million and 4 million women 
are severelv battered annuallv " Official 
government agencies charged with col- 
lecting crime data, like the FBI. do not 
speciticallv iiklude domestic violence in 
then vcarlv national en me statistics. ,: 

To till this gap. the majontN start of 
the Senate ludician Committee conduct- 
ed an extensive suncv of authonties 
across the nation. 1-ist October the com- 
mittee released Viokuce Ammst Women: 
A Week in the Life of America. n which 
tor the first time provided a national es- 
timate of domestic crime* reported to 
the police each vear. The report includ- 
ed the following findings: 

* In 1991 alone. 21.000 domestic 
enmes against women were reported 



each week to the police" 

+■ One-fifth of all rhe aggravated as- 
saults in the country occurred in the 
home 

* That vear 1.1 million assaults, rapes, 
and murders were committed in homes 
and reported to the police The total tor 
unreported attacks is estimated to be as 
much as three times this Injure. 14 

A Week in the Life 

L'ntortunatclv. statistics like these do 
not alwavs speak loud I v enouuh about 
the human rrasicdv that thev reflect. To 
help us better understand the problem, 
rhe committee collected and included 
accounts of individual acts ol violence 
that occurred dunng a single week in 
September 1992 Compiled from a ran- 
dom sunev ol rape cnsis centers, do- 
mestic violence shelters, and other ser- 
vice providers across the country, these 
accounts revealed rhe tragic human race 
of domestic abuse What emerged was 
a gruesome portrait ol violence— a vio- 
lence that destroys individual lives, nps 
apart families, and condemns children 



to repeat the violent acts of their parents 
in an unending chain of harm. 

Here arc a few of rhe 200 incidents 
compiled in the committee's report: 

*■ September 1. 5 p.m.. suburban 
Connecticut— A 26-vear-old woman is 
attacked by her bovfhend of five years. 
He breaks her nght arm with a hammer. 

*• September 2. 11:17 p.m.. rural West 
Virginia— A woman calls a local hotline 
because her husband has broken the 
window of her car and threatened her 
life. He has been harassing her at work, 
and she fears losing her )ob. 

> September 3. time unknown. Flor- 
ida— A 21-vear-old woman is beaten in 
the head bv her rather with a 3-inch- 
diameter pipe. He is arrested after neigh- 
bors call the police. 

*■ September 4. morning, Kansas— A 
39-vear-old woman is taken to a shelter. 
Her ex-husband has cusrodv of their 
children. When she went to pick up the 
children for visitation, he took her into 
the bathroom and raped her The chil- 
dren were in the house and called the 
police when they heard her screaming. 



TRIAL JUNE 1993 
-100- 






shirc— A 23-year-old woman with rwo 
children is held at gunpoint and raped 
twice by her live-in boyfriend. Her in- 
juries require her to be hospitalized for 
six days. She is then transferred to a local 
domestic violence shelter. 

► September 6, 9 a.m., a dry in Col- 
orado—A 15-ycar-old girl is hit in me 



Bbc *iiu unuwn against a wan oy ncr 
boyfriend; police escort her out of the 
apartment The boyfriend is arrested be- 
cause of outstanding abuse charges by 
two other women. 

► September 7, 2 p.m., New Mexico 
—A 20-year-old woman, six months 
pregnant, is beaten and abandoned by 
her boyfriend of one year. 



inis &au (.anjiuuL represents uni\ a 
tiny fraction of the violence suffered bv 
U.S. women every week of every year. 
The committee's report took 20 pages 
of typewritten text to describe 200 no- 
lent incidents, yet it covered less than 
1 p ercen t of the violent arracks against 
women reported to the police in that 
week alone If we had included every in- 
cident, our time line would have been 
2,000 pages long— just for a single week 
in the life of U.S. women. 

What do these stones tell us about 
domestic violence? As the report put it: 
"At the most basic level, the)* tell us 
that no one it immune. Violence happens 
to young women and old women, to 
rich women and poor women, to home- 
less women and working women." 15 

At another level, these stories help to 
remind us of the ripple effects of vio- 
lence in the home, which "afreets every- 
day lives, imperils jobs, infects the work- 
place, ruins leisure umc and educational 
opportunities." '* 

Finally, the stories warn us of a future 
g e n e r ational transfer of violence It is sad 
but true that in many of these incidents, 
we found children who saw their mothers 
raped, children who saw their mothers 
beaten, children who were forced to call 
911. Unless something is done, these 
child victims of domestic violence may 
go on to repeat the very same violent 
patterns the)' have witnessed. 

The Violence Against Women Act 

During the past 20 years,. many sin- 
cere efforts have been launched to assist 
victims of crime, particularly victims of 
rape and domesric violence. Rape laws 
now focus on the defendant's conduct, 
not the victim's previous behavior or 
life-style Sex crimes units and domestic 
crimes units have sprouted up in major 
metropolitan areas. On the federal level. 
Congress has provided aid, albeit modest, 
to domestic violence shelters and insti- 
tuted a fund to help the victims of rape 
and domestic violence 

Unfortunately, the promise of these 
efforts has not always been realized. 
Despite our growing awareness of the 
depth and extent of violence against 
women, our society's response remains 
inadequate It is still easier to convict a 
car thief than a rapist or a spouse abuser. 
It is possible to find cities that spend 
more on their zoos than the entire state 
spends on helping the victims of domes- 
be violence 17 Indeed, the United States 
has three rimes as many shelters to care 
for unwanted pets than it has shelters 



TRIAL JUNE 1993 
-101- 



ro harbor battered women.' • 

To help respond to these needs, I have 
re-mtroduced the Violence Against 
Women Act. " The purpose of the legis- 
lation is not only to implement impor- 
tant legal reforms but also to attack the 
subtle prejudices that have helped mask 
the problem from public view. Nanonal 
leadership on this issue is sorely needed. 
To put it in the words of one witness 
who testified at hearings on the bill, 
"Wc have to make a . . . clcarfcr], a 
louder statement that this is criminal, 
that in this country this is not accepted, 
nor will it be tolerated." 20 

The bill includes a number of impor- 
tant reforms targeting all crimes against 
women, including rapes and beatings. 
With respect to domesne violence, spe- 
cifically, the bill emphasizes both safety 
for survivors and accountability for abus- 
ers. The act— 

► authorizes S300 million in new 
funding to provide training for police, 
prosecutors, and victim advocates; to 
create special police and prosecution 
units devoted to crimes against women 
(including ope and domesne violence); 
and to increase computerized commu- 
nications between criminal and family 
law agencies and courts; 



*• creates the first federal penalties for 
crime committed by abusers who cross 
state lines to connnuc their abuse; 

► requires that protection orders is- 
sued by the courts of one state be ac- 
corded "full faith and credit" by other 
states; 

► provides significant incentives to 
encourage sates to treat domesne vio- 
lence as a serious crime; 

► authorizes the U.S. Department of 
Educanon to disseminate model programs 
to educate young people about domes- 
tic violence, with programs for primary, 
middle, and secondary schools; 

► triples existing federal funding for 
battered women's shelters; and 

+■ creates training programs for state 
and federal judges to raise awareness and 
increase sensitivity about rape, sexual as- 
sault, and domestic violence. 

Finally, and perhaps most important, 
the bill recognizes that violence against 
women raises issues of equality as well 
as issues of safety and accountability. 
Even* woman has a nght to be free from 
violent attacks motivated solely by the 
fact that she is a woman. The Violence 
Against Women Act could help to guar- 
antee that nght. It recognizes, for the 
first nmc, a civil rights remedy for vic- 



tims of crimes "motivated bv gender." 
Long ago we recognized that hate beat- 
ings of African-Americans or Asian- 
Amcncans violate their nght to be free 
and equal. We should guarantee the same 
protccnon for vienms who arc assaulted 
only because they are women. Whether 
an attack is motivated bv racial bias or 
ethnic bias or gender bias, the results are 
the same The violence nor oniv wounds 
physically, it degrades and terronzes. in- 
stilling fear and inhibinng the lives of 
all those similarly situated. 

.As Illinois Attorney General Roland 
Bums tcsrificd before the Senate Judi- 
ciary Committee: "Until women, as a 
class, have the same protecnon offered 
others who are the object cf irrational 
hatc-morivatcd abuse and assault, we 
as a socicrv should be humiliated and 
ashamed." 21 

I realize that this legislation will not 
eradicate violence against women, but 
I believe that it is a step in the nght di- 
rection—in the direction of chanpng 
this nanon s false idea that domesne vio- 
lence is second-class crime. We like to 
believe that home is a place of safety, 
tranquility, and comfort, but for millions 
of women, it is a place of danger and 
fear. Until we recognize that fact and 

brand these attacks as brutal and wrong, 
we can never hope to change the course 
of domestic violence. D 






Notes ^_ _ 

i NancvK. Sugg & Thomas Imil Am? Got 

Physicians Response m Domestic Violence. 26/ 
JAMA 315" (1992) (adopting the 3 to 4 mil- 
ium estimate); Women and Violence: Hcariiuv 
Before the Snuitt Comm on the Judiciary m Leas- 
latum a Reduce the Growtna Problem of Vwlnu 
Cnme Aaamsx Women. 101st Cong 2d Scss 
111 (1990) (hercatxer Women and Violence) (tes- 
timony of Dr. Angela Browne) (estimating 4 
million women are severely beaten ochwr). 
: Sunrcon General Antonia Novcllo has echoed 
tormcr Surgeon General C Everett Koop s 
concerns. See from the Surptvn General ^ 
lu Health irmcr. 267 ]AMA 3132 (1992) 
J Sir William Blackstonc. Comments™ onthe 
Law ofEnaland. auoted ,n WOMEN THE 
FAMILY. AND FREEDOM: THE DEBATE 
IN DOCUMENTS 34 (Susan G. Bell & Karen 
M. Offcn cds.. 1983). 
4 Karen Baker ct al., |omt protect. DC Coalition 
Aeamst Domestic Violence 6: Women s Law 
& Public Pohcv Fellowship Prog, at George- 
town U. Law Center. Report on District of 
Columbia Police Response to Domestic Vio- 
lence, Nov. 3, 1989, at 44 (on file with Sen. 

s STSffVoFn&KE. FED BUREAU 
OF INVESTIGATION. CRIME IN THE L.S 
1991. UNIFORM CRIME REPORTS 19 0992V 

6 NATIONAL INST. OF 1USTICEJU.SDETT 

OF JUSTICE. CIVIL PRCTCCTION OR- 
DERS- LEGISLATION. CURRENT COURT 
PRACTICE. AND ENFORCEMENT 4 (1990). 



' S. 2754. 101st Cong., 2d Scss. (1990): mntn- 
duad as S.IS. 102dCong., 1st Scss. (1991); now 
pending as S.ll, 103d Cong.. 1st Scss. (1993). 

8 Congressional Caucus for Women's Issues. Vio- 
lence Against Women 5 (Oct. 1992 fact shea) 

* National Woman Abuse Prevention Proicct, 
Effects of Domesne Violence on Children (un- 
dated fact shea) (on rile with Sen. Comm. on 
Judiciary). 

io See Hams Mcvcr. The BiUum-Doliar Epidemic, 
AM. MED. NEWS, Jan. 6. 1992, at 7. 

11 See H.J. Cummins, Domestic Violence Crosses 
Over ma the Workplace. NEWSDAY. Julv 12, 
1992. at 94 (U.S. Centers to: Disease Control 
and Prevention in Atlanta estimate that 2 mil- 
lion to 12 million women arc battered, de- 
pending on definition of "battenng" used); 
MILDRED D PAGELOW. FAMILY VIO- 
LENCE 45-46 (1984) (adopting the 12 million 
estimate); see also Sugg & lnui. supra note 1, 
at 3157; Women and Violence, supra note 1. 

12 CRIME IN THE U.S 1991. supra note 5. 

13 SENATE COMM. ON JUDICIARY. Via 
LENCE AGAINST WOMEN: A WEEK IN 
THE LIFE OF AMERICA. S DOC. NO. 
118. 102D CONG.. 2D SESS (Oct. 1992). 

M id at 4. 

15 Id. at 5 

16 Id. at 6 

l- See Nana Gibbs, Til Death Do Us Part, 
TIME. Jan. 18, 1993, at 42. 

IB Women and Violence, supra note 1, at 128 (testi- 
mony of Sarah Bucl). 

-102- 



W S.ll. supra note 7. 

20 Women and Violence, supra note 1, at 171 (tcsu- 
monv of Dr. Angela Browne). 

21 Vulence A/mnst Women: Victims of the Srsxrm 
Heannm on S.15 before the Sen Comm. of the 
Judiciary, 102d Cong., 1st Scss 76 (1991) (testi- 
mony of 111 Att'y Gen. Roland Bums). 



LAW ENFORCEMENT AND DOMESTIC VIOLENCE: 
COMMONLY ASKED QUESTIONS 17 



I. Interjurisdictional Arrest 

1. A 209A order is in effect in Town A. The husband 
violates the order by assaulting the wife in Town A. 
Husband flees to Town B. Do the Town B police have 
the authority to arrest the husband upon notice of the 
assault by Town A police? 

Town B police may arrest the husband because the mandatory 
arrest provision of Chapter 209A Section (6) (7) requires an 
arrest whenever a police officer has probable cause to believe 
that the defendant has violated a restraining order. This 
means that an officer of a city or town must arrest anyone 
located within his or her jurisdiction who the officer has 
probable cause to believe has violated a restraining order 
under 209A or its related provisions. 

It makes no difference in the determination of probable 
cause that the offense may have been committed in another city 
or town; if a police officer concludes that there is probable 
cause that a restraining order was violated anywhere in the 
Commonwealth, the officer is obligated, within his or her 
jurisdiction, to make the arrest. 

As in any other situation, police officers may rely on 
information provided to them by officers in another 
jurisdiction to establish probable cause. 

2. A 209A order is in effect in Town X. The boyfriend 
calls from Town Y and threatens the girlfriend who is 
in Town X. Do the Town Y Police have the power to 
arrest the boyfriend upon notification by Town X? 

If there is a no-contact order in effect against the 
boyfriend, then the threatening phone call is a violation of 
the order, and the mandatory arrest provision of Chapter 209A 



1/The Attorney General's Office wishes to acknowledge the 
contribution of Cathy Sullivan, Assistant District Attorney, 
Middlesex County, in the preparation of Sections I - III. 



-103- 



is triggered. Therefore, based upon the probable cause 
reasoning contained in the answer to question #1, once the Town 
Y police are notified that the order has been violated, Town Y 
officers are required to arrest the boyfriend. 

II. PROBABLE CAUSE 

1. How long does the •mandatory arrest" power last? Is 
there any problem about the "staleness" of probable 
cause? 

As long as the probable cause does not dissipate, the right 
to arrest continues to exist. In 209A cases, once an officer 
learns that an order has been violated, the probable cause to 
arrest has been established. Unless new facts come to light 
indicating that no restraining order was in effect against the 
defendant at the time of the reported offense, or that the 
report of abuse was unfounded, probable cause, once 
established, continues to exist. 



III. WARRANTS 

1. A 209A order is in effect in Town Q. The husband 
assaults the wife in her home in Town Q. Husband 
flees to his mother's home in Town Q. Can the police 
enter the mother's home to arrest the husband? 

If the mother refuses to allow the police to enter her 
home, the police cannot enter the home, absent exigent 
circumstances, without a search warrant. Therefore, in this 
situation, the police must obtain both a search warrant to gain 
entry to the home and an arrest warrant to apprehend the 
defendant . 

If the husband had fled to his own apartment in Town Q, and 
refused to answer the door, the police must again, absent 
exigent circumstances, first obtain an arrest warrant to enter 
his home and take him into custody. 



IV. SERVICE OF ORDERS 

1. A woman obtains an emergency 209A order against her 
husband. The police attempt in-hand service twice, 
and then leave the order with the husband's sister, 
with whom he is staying. For the purposes of the 
ten-day hearing, is this sufficient notice to the 
husband under Chapter 209A? 



-104- 



Yes, the 1990 Amendments to Chapter 209A expressly deleted 
the in-hand service requirement for service of 209A orders. 
See . Chapter 209A, Section (7). 

2. Regarding multi- jurisdictional problems, when a victim 
obtains an Emergency 209A from an on-call Justice, can 
the on-call Justice also issue a complaint and arrest 
warrant for the perpetrator? 

An on-call Justice cannot issue a complaint and arrest 
warrant over the phone. For an arrest warrant to be issued, a 
sworn affidavit must be presented in person to the on-call 
judge. 

V. MANDATORY ARREST 

1. If an alleged abuser is not served with a temporary 
restraining order before he appears at the victim's 
door, can you arrest or must you first serve the order 
and tell him to leave and not come back? 

If the perpetrator is at the victim's home, and the only 
alleged violation is of the vacate or no-contact order, then 
the police must serve the order and warn the perpetrator that 
if he returns to the premises, he will be arrested. Unless the 
police have previously served the defendant with the order, 
they cannot arrest him for a violation of the vacate order. 

However, if the situation includes any circumstances which 
would give rise to the "arrest as the preferred response- 
provisions of Chapter 209A, Section 6(7), then the police could 
arrest the perpetrator. Under Section 6(7), arrest is the 
preferred response when the officer has probable cause to 
believe that the individual has committed: (a) a felony; (b) a 
misdemeanor involving abuse as defined in Section One of 
Chapter 209A; or (c) an assault and battery in violation of 
Chapter 265, Section 13A. 

2. Since the police have the right to arrest where 
probable cause exists under Chapter 209A, Section 6, 
what is the proper response in the situation where the 
police arrive on the scene and the abuser has fled, 
and the facts indicate either a mandatory arrest 
(violation of an order) or a preferred arrest response 
(probable cause to believe that abuse has occurred)? 
Can the officer go to court and get a complaint and 
warrant issued? What if the clerk refuses to issue a 
warrant? 



-105- 



A major area of confusion concerning 209A has been the 
felony/misdemeanor distinctions in due process owed to the 
defendant. An individual accused of a misdemeanor must receive 
notice and has the right to be heard before a complaint is 
issued. Specifically, under Chapter 218, Section 35A, before 
process (complaint) issues, the District Court must give the 
accused person, written notice of the application and an 
opportunity to be heard in opposition, unless exigent 
circumstances are present . The exigent circumstances that 
remove the need for written notice involve an imminent threat 
of bodily injury, the commission of a crime or of flight from 
the Commonwealth by the accused person. 

Obviously, given the nature of the crimes committed in 
violation of Chapter 209A, there is an inherent "threat of 
bodily injury." In addition, if the abuser has violated a 
restraining order, he has already committed a crime, and would 
more than satisfy the "imminent threat ... of the commission of 
a crime" component of Chapter 218, Section 35A. Finally, in 
the above scenario, the abuser has already fled the scene and 
in light of past experiences with domestic violence cases, 
there is always the likelihood that he will flee - at least 
temporarily - to another state to avoid prosecution. 
Therefore, in this scenario, it would be reasonable to advise 
the clerk that the combination of the arrest authority under 
Chapter 209A, Section 6 and the existence of "exigent 
circumstances" pursuant to Chapter 218, Section 35A would allow 
the issuance of a complaint in the absence of either notice to 
the accused and/or a sworn complaint by the victim. 

In addition, and pr obably m ore imp ortantly, the authority 
to arrest for violation of a restraining order must be 
exercised, i.e.. mandat ory arres t, and is itself , an exception 
to the warrant requirement. 

3. Is an abuser's failure to surrender the keys to the 

premises a violation of the vacate order and therefore 
subject to mandatory arrest? 

Under the 1990 Amendments, Chapter 209A, Section 6(7) 
explicitly requires mandatory arrest when a temporary or 
permanent vacate, restraining, or no-contact order has been 
violated. Furthermore, chapter 209A, Section 1 was amended to 
include the definition of "vacate order". In pertinent part, 
the statutory definition of "vacate order" includes: 

leave and remain away from the premises; 

surrendering forthwith any keys to said premises to the 
plaintiff; and 



-106- 



shall not shut off or cause to be shut off any utilities or 
mail delivery to the plaintiff. 

Therefore, although it would appear that the traditional 
recourse of contempt would be more appropriate in these purely 
civil matters, the language in Chapter 209A clearly requires 
mandatory arrest for the violation of a vacate order, and since 
"vacate order" includes the surrender of keys, any refusal to 
do so is subject to the mandatory arrest provision of Section 
6(7). The legislative intent behind the mandatory arrest 
provision clearly states that a violation of an order will 
result in arrest, therefore, the inclusion of surrendering 
keys, and not interfering with utilities or mail delivery in 
the statutory definition of a vacate order must also be 
enforced as written. 

VI. LIABILITY ISSUES 

1. Are officers protected from civil suits under 42 
U.S.C. 1983 brought by domestic violence victims? 

No, under both the Federal and State Civil Rights Acts, a 
police officer can be held personally liable. A plaintiff 
bringing suit against a police officer generally relies on one 
of three sources of law: the Massachusetts Torts Claims Act, 
G.L. Chapter 258, Section 2; the Federal Civil Rights Act, 42 
U.S.C. 1983; and the Massachusetts Civil Rights Act, G.L. 
Chapter 12, Section 11H and 111. 

Under the Mass. Torts Claims Act, "public officials shall 
be liable for injury or loss of property or personal injury or 
death caused by the negligent or wrongful act or omission of 
any public employee while acting within the scope of his office 
or employment." The municipality, as a public employer, is 
liable for any judgment rendered, and not the individual 
officer. Since liability under the Mass. Torts claims Act is 
limited to $100,000, most plaintiffs choose to bring suit under 
the Federal and State Civil Rights Acts, which do not limit the 
amount of damages available to a plaintiff. 

Under both the Federal and State Civil Rights Acts, in 
addition to the personal liability of the officer, the 
municipality may also be held liable if the plaintiff proves 
that as a result of "policy or custom," the town was 
responsible for the plaintiffs injuries. Monell v. Department 
of Social Services . 436 U.S. 658 (1978). 

(Note: Under Chapter 209A, Section 6(7), "no law officer 
shall be held liable in any civil action regarding personal 
injury or injury to property brought by any party to a domestic 
violence incident for an arrest based on probable cause ...") 



-107- 



VII. MISCELLANEOUS ISSUES 

1. I received a call from a woman whose daughter (who is 
over age 18) is being beaten by her boyfriend. The 
mother is not a victim of abuse by the boyfriend, but 
the daughter won't file a complaint. 

The key consideration in this situation is whether the 
police have probable cause to arrest the boyfriend. Probable 
cause is unlikely to exist without the victim's (daughter's) 
statement unless the mother is an eyewitness to the abuse. The 
secondary problem here is that even if the police can establish 
probable cause to arrest the boyfriend, if the daughter is 
unwilling to seek a complaint or to prosecute, then there is 
really nothing more that either the mother or the police can do. 

2. What if a parent and child are fighting and the parent 
strikes the child in front of a police officer? 

The best approach to such a situation is to use common 
sense. Some factors that responding officers may consider when 
deciding whether to institute the preferred arrest policy are: 
(a) Is the action by the parent clearly abusive or is the 
action disciplinary?; (b) Is there a pattern or prior history 
of abusive behavior in this relationship? 

An alternative or additional response would be to file a 
51A for child abuse to have the potentially abusive situation 
investigated. 

3. How long must an officer stay at the scene of a 
domestic violence call, particularly if there is a 
possibility of the batterer returning? 

Chapter 209A, Section 6(1) mandates that officers 
responding to domestic violence calls "remain on the scene of 
where said abuse occurred as long as the officer has reason to 
believe that at least one of the parties involved would be in 
immediate physical danger without the presence of a law 
officer. This shall include, but not be limited to, remaining 
in the dwelling for a reasonable period of time." 

The Police Guidelines, Section 2.0 reiterate the provision 
set forth in Chapter 209A, Section 6(1), and do not add any 
further instructions. 

Therefore, the most important consideration is 

reasonableness in light of the specific facts of the 

situation. If there is an established history of violence and 

a genuine fear for the safety of the victim, it may be more 



-108- 



reasonable to assist the victim in finding a "safe place", 
either at a relative's or friend's home or a shelter rather 
than requiring a police officer to remain on the scene for any- 
extended period of time. (Chapter 209A, Section 6(3); Police 
Guidelines 2.0, Section C.) 

4. Our Department has many restraining orders on file 
which were issued out of Probate Court and contain no 
expiration dates. Many are several years old, but 
include recent correspondence from attorneys stating 
that the orders are still valid. Are these 
restraining orders issued out of Probate Court still 
in effect? 

Unlike restraining orders issued under 209A, which expire 
after one year, orders issued under Chapter 209, Section 34B by 
the Probate Court as part of a divorce decree remain in effect 
until a judgment for divorce has been entered or a permanent 
restraining order has been issued as part of the divorce 
proceeding. Any divorce judgment will vacate any existing 
temporary orders and any final divorce judgment which contains 
a restraining order is fully enforceable. 

5. The plaintiff /mother went to District Court in Town A 
on Tuesday, where she applied for and received a 209A 
order against her own mother to surrender custody of 
her (the plaintiff's) minor children. 

* 

The plaintiff went to the Town A Police on Thursday to 
have them execute the order. When the police arrived 
at the grandmother's house, she presented them with an 
order from the Probate Court in Town B that was issued 
on Wednesday. This order awarded the grandmother 
custody of the minor children. 

In light of these inconsistent orders, does the 
Probate Court order awarding the grandmother custody 
supercede the 209A order? 

a. Where 208 and 209A Orders co-exist, which takes 
precedence? 

Any Probate Court order affecting custody or support which 
is prior to or subsequent to the issuance of a 209A order, 
takes precedence over the custody or support provisions of the 
209A order. 

Where the Probate Court orders restraining, no-contact, or 
vacate orders in domestic violence cases, neither would appear 
to take precedence over the other. 



-109- 



The best approach here would be to advise the plaintiff to 
go to the Probate Court and explain the situation to the judge 
who issued the custody order. 

b. What about a Probate Court ex-parte emergency 
restraining order? 

Since it is an ex parte order, it would not automatically 
supercede a 209A temporary restraining order from a District 
Court, which is also an ex parte order. Again, the parties 
should be instructed to return to the court for clarification 
of the orders. 

c. What about a restraining order issued by the 
Probate Court where there was a full hearing, 
with notice to all parties and both parties 
appeared in court? 

Here, the order by the Probate Court should supercede the 
District Court ex-parte order since both parties were present 
and were able to present their respective positions to the 
Probate Court judge. Similarly, if the District Court issues a 
permanent restraining order after a ten-day hearing where there 
was notice and an opportunity to be heard for both parties, the 
District Court order should take precedence over an ex-parte 
Probate Court order. 

d. What about contradictory restraining orders 
issued after full hearing in both courts? 

The problem of inconsistent final or permanent restraining 
orders is really a court problem. Unfortunately, such orders 
do exist in domestic violence cases and the police have no 
alternative but to enforce both orders while advising the 
parties to straighten it out in court. 

WPP(38) 



-110- 



What is Battering? 



WHAT IS BATTERING? 

Battering is a pattern of coercive control founded in violence. In our society, sexism teaches 
men that they have the nght to be and ought to be dominant over women. Whether the 
batterer is male or female, his or her intent is the same: to feel superior and dominant in the 
relationship while making the partner feel subordinate, incompetent, worthless, and anxious. 2 
Batterers will often explain their abuse with the cliche: "She needs to be taught who is the 
boss." 

Battering can consist of: 

• physical abuse, including punching, slapping, kicking, shoving, choking; 

• verbal and emotional forms of assault and control such as intimidation, coercion, threats. 
or degradation; 

• economic forms of control such as withholding or denying access to money or other basic 
resources; sabotaging employment, housing,* or educational opportunities; forcing the partner 
to live beyond her means or misusing the partner's credit cards; 

• sexual assault or coercion; 

• social isolation by denying communication with friends and relatives or making 
communication so difficult that the woman chooses to avoid it; prohibiting access to the 
telephone or transportation; denying access to needed health care; 

• failure to comply with immigration requirements, thereby making the immigrant spouse 
unable to work and vulnerable to deportation and loss of child custody. 

Nonphysical forms of abuse can sometimes be more damaging than physical violence. 
Many women who have been battered say that while their physical injuries have healed, their 
emotional scars and diminished self-image remain. 

Sexual Abuse 

Sexual abuse is often a component of battering. The following definitions are from the 
Massachusetts Coalition of Rape Crisis Services: 

Sexual assault is any kind of sexual contact that is forced or coerced. Obscene phone 
calls, indecent exposure, unwanted touching, sexual harassment, and pressure to have sexual 
contact are ail forms of sexual assault. Sexual assault includes rape and incest. Anyone who 
experiences any forced or coerced sexual contact has been sexually assaulted. 



-111- 



1 Adapted trom Susan Scnechter and Lisa Gary. 'Unoarstanding and Emoowenng Battered Women.* m Abuse and Victimization 
Across :ne Lrte Soan. M.B Straus, ad. (Bammore: jonns Hoowns University Press). 1988 



MlOLENCe 



USING COERCION 
AND THREATS 

Making and/or carrying out threats 
to do something to hurt her 
threatening to leave her. to 
commit suicide, to report 
her to welfare • making 
her drop charges • making 
her do illegal things. 



USING 
ECONOMIC 
ABUSE 

Preventing her from getting 
or keeping a joo • making her 
ask for money • giving her an 
allowance • taking t\tr money • not 
letting her know aoout or have access 
to family income. 



USING 

INTIMIDATION 

Making her afraid by using 
looks, actions, gestures 
• smashing things • destroying 
her property • abusing 
pets • displaying 
weapons. 



USING 
EMOTIONAL 
ABUSE 



USING MALE PRIVILEGE 

Treating her like a servant • making all the big 
decisions • acting like the "master of 
the castle" • being the one to 
define men's and women's roles. 

USING 

CHILDREN 

Making her feel guilty 

about the children • using 

the children to relay messages 

• using visitation to harass her 

• threatening to take the 

children away. 



POWER 

AND 
CONTROL 



Putting her down • making her 
feel bad about herself • calling her 
names • making her think she's crazy 
• playing mind games • humiliating her 
• making her feel guilty. 



USING ISOLATION 



Controlling what she does, who she sees 
and talks to. what she reads, where 
she goes • limiting her outside 
involvement • using iealousy 

MINIMIZING, \ to M*V acuons 

DENYING 

AND BLAMING 

Making light of the abuse 
and not taking her concerns 
about it seriously • saying the 
abuse didnt happen * shifting respon- 
sbrtity tor abusive behavior • saying 
she caused it. 



WOLENCfe 






OOMOT1C AftUSC WfTERVCNTION paaiccr 



7l»-722-tl>4 



-112- 



Myths About Woman 
Abuse 

Chris Butler 

MYTH #1: "Battering" overstates 
the case. Few women get beaten, 
though maybe some get slapped 
around a little. 

An estimated two to four 
million women are beaten in their 
homes every year in this country. 
In Massachusetts alone, the courts 
grant over 30,000 abuse prevention 
orders each year to women seeking 



protection in the home. Although 
the first incident of violence may 
not be severe, once battering be- 
gins it tends to escalate in severity 
and frequency, sometimes leading 
to permanent injury or death. 

What may begin as an occa- 
sional slap or shove will turn into 
a pushdown the stairs, a punch to 
the face, or a kick in the stomach. 
On average, four women are 
murdered every day by their 
husband or boyfriend in the 
United States. A Kansas Police 
Department study found that in 
85% of domestic homicide cases, 
the police were summoned at least 
once before the killing occurred 
and in 50% of the cases, they had 
been called five or more times 
before the killing. 

Battering brutally violates a 
woman's rights over her body, her 
mind, and ultimately her life. 
Battering is not just acts of physi- 
cal violence. It involves a system 
of emotional and social control 
which batterers impose on a 
woman in an effort to maintain 
power and dominance. The vio- 
lence is preceded by emotional 
abuse and humiliation, as the 
batterer tries to rob the woman of 
her sense of self worth. The abuser 
typically is extremely jealous and 
attempts to isolate the woman 
from friends and family. The 
batterer denies his acts and mini- 
mizes the violence, turning any 
discussion of his violence around 
to focus on blaming the victim. 

MYTH #2; Battering is a family 
matter. 

No act which can leave a 



I get pregnant when I wo. 
seventeen. I figured I'd ge 
married. He battered me 
from the beginning, from 
before we were married. 
He threw irons at me 
while I was pregnant. I 
almost had a miscarriage 
when he threw me down a 
flight of stairs. 



-113- 



A minister who had his 

Ph.D. from BU in 

theology was counseling 

us. He was the minister 

who married us. He tried 

to get me to leave because 

he had fallen in love with 

me. I had a relationship 

with him. He battered me 

also-he tried to kill me. he 

tried to drive me off the 

Mystic River Bridge and 

did all this crazy shit to 

me. So I was kissing him 

one day and I picked up a 

rock and whammo-l 

knocked him out cold and 

split. That was the only 

way I could get away from 

him. 1 had just turned 18. 



woman permanently injured 
physically or mentally, or result in 
her death is a "family matter." 
Assault is assault, rape is rape, 
murder is murder, regardless of 
the relationship between the 
people. Arguing in such cases that 
the "privacy" of the family must 
be maintained can mean injury, 
death, or virtual imprisonment to 
many battered women. The same 
attitudes perpetuate the sexual and 
physical abuse of children. 

There is a general reluctance to 
interfere in family relationships. 
Women have been encouraged to 
remain in violent homes in order 
to preserve the family unit. Or, 
alternately, battered women are 
viewed as defective for having 
"willingly put up with it," and 
treated almost as criminals them- 
selves. In either case, the things 
which we know can help a 
woman-providing her with legal 
protection and /or a safe place to 
stay, giving her the support of 
other bartered women, and chang- 
ing the criminal justice system to 
hold the batterer accountable-are 
not provided and society looks the 
other way. It is the isolation and 
denial enforced by- the abuser, 
combined with the community's 
isolation, denial, and neglect 
which trap a woman. 

Shelter workers and other 
advocates have begun educating 
the law enforcement community 
and social service agencies about 
battering. However, this work is 
just beginning; many police offi- 
cers, judges and therapists still 
blame the victim. The law enforce- 
ment system is still reluctant to 



treat battering as seriously as any 
other violent crime. Lawsuits 
such as the million dollar Thurman 
v. Torrington case in Connecticut 
have convinced some police de- 
partments to treat bartering more 
seriously for fear of being sued for 
negligence. Yet even in states with 
strong abuse prevention laws 
many police officers and judges 
continue to discount the criminal 
nature of the abuse. Until we stop 
separating violence within fami- 
lies from other violent crimes, we 
will force thousands of women to 
stay in an environment that may 
eventually kill them. 

MYTH #3: Battering only hap- 
pens in "problem" families. 

Bartering is too widespread to 
be considered the problem of a 
few "sick" families; it is the prob- 
lem of a society which presents 
violence as a normal part of inti- 
mate relationships. 

The concept of the "problem" 
or "dysfunctional" family is sus- 
pect since it presupposes the 
existence of non-problem or "nor- 
mal" families. The image of the 
stable, happy family masks the 
reality of the large number of 
people whose family lives are a 
daily ordeal, ignores the rising 
number of people who do not live 
within nuclear families, and ig- 
nores the statistics on woman and 
child abuse. By encouraging male 
dominance and reinforcing stere- 
otyped sex roles, our whole soci- 
ety and not just individuals or 
individual families is responsible 
for the violence. 

The myth that only problem 



-114- 



families experience violence also 
encourages social service workers, 
police, and court personnel to look 
for "reasons" and family "prob- 
lems" to explain away the vio- 
lence. The notion that alcoholics or 
drug abusers barter because of 
their addictions is contradicted by 
the evidence that the battering 
does not always stop when the . 
abuser gets help for his substance 
abuse. For years women have been 
encouraged to seek professional 
help for their partner's alcoholism, 
their failure to make a successful 
marriage, or their "paranoia" 
about being abused. More and 
mors women are now rejecting 
such advice and recognizing that * 
the abuser is the problem. 

MYTH #4: Battering occurs only 
within low income or working 
class families, or within particular 
racial or ethnic groups. 

Studies and our direct experi- 
ence show that batterers and 
bartered women are of every 
racial, social, ethnic, and economic 
background. Women have been 
battered by doctors, lawyers,. dock 
workers, judges, school teachers, 
ministers, and cab drivers. Statis- 
tics dealing with woman abuse 
have been gathered primarily 
through public agencies such as 
dry hospitals and social service 
agencies, and therefore sometimes 
erroneously suggest that only 
certain kinds of women are bat- 
tered by certain kinds of men. 

Since middle class and upper 
class women often have other 
ODtions open to them, such as 
stavine in a hotel, thev are less 



likely to seek assistance from 
public agencies, or from emer- 
gency shelters. Many middle class 
women also are afraid of damag- 
ing a successful husband's career, 
and are pressured by family, 
friends and others to keep up 
appearances. Others may have 
greater access to work and finan- 
cial independence. Of the middle 
class women who do seek assis- 
tance from battered women's 
service groups, many have spent 
years working in the home and do 
not have marketable skills; they 
suddenly find themselves without 
any means of support except 
public assistance. 

MYTH #5: Battered women con- 
stitute a particular and easily 
definable group of women. 

The term "battered women" 
gives rise to the stereotype of a 
passive woman, between 20 and 
35 years old, who is unemployed, 
has 2 or more children, and lives 
with her husband who is alco- 
holic. The facts, however, indicate 
that "the" battered woman is 
us-any of us. Battered women are 
as diverse as women axe. 

A battered woman may be 
elderly, teenaged, or middle aged. 
She may represent an upper, 
middle, or working class back- 
ground and any race or culture. 
She may be a homemaker, or 
work as an administrator, teacher, 
prostitute, organizer, shelter 
worker, student or factory worker. 
She may have been in the relation- 
ship two weeks or twenty years. 
She fits no easily definable partem 
or stereotype. 



I've learned also thai the 
doctors, the police, the 
clergy and friends will 
excuse my husband for 
distorting my face but 
won 't forgive me for 
looting bruised and 
broken. 



-115- 



/ called the police one 

time. They not only didn 't 

respond to the call, they 

called several hours later 

to ask if things had 

"settled down." 



No one has to "provoke" a 
iL'ife beater. He'll hit vsksn 
he s ready and for what- 
ever reason he wishes. I 
may be his excuse but 1 
have never been the 
reason. 



Furthermore, just as there are 
diverse kinds of women who are 
battered, there are many different 
kinds of relationships in which 
aDuse occurs. The term "wife 
abuse/' although widely used, 
distorts reality. Women are bat- 
tered not only by husbands, but 
also in dating relationships, or by 
lovers, relatives, and neighbors. 
Prostitutes are often battered by 
their pimps and Johns, and the 
very nature of prostitution is a 
system of abuse of women and 
children. Some lesbians are subject 
to homophobic attacks by former 
husbands or family members and 
others are beaten by their lovers. 

MYTH #6: She asked for it or she 
wanted it 

Of all the myths about batter- 
ing this is probably the most 
degrading to women. Yet many 
battered women have been ac- 
cused by abusers and others of 
asking for the violence. Anyone 
who asks "what did you do to 
provoke the violence?" reinforces 
this message. Many women stay 
with a violent partner for years 
thinking that the battering is their 
fault and they'll eventually find a 
way to make it stop. 

Similar to the provocation 
theory is the suggestion that 
women like to be abused. This 
theorv blames the woman for the 
violence rather than holding the 
abuser responsible. The fact that 
the woman is trying to avoid being 
hurt is ignored. Because of the 
prevalence of violence against 
women and children in this soci- 
ety, many women have been 



taught to expect violence in their 
relationships. And periods of 
being showered with affection and 
attention make it hard for the 
woman to leave. If s not the vio- 
lence a battered woman wants to 
preserve— it's the relationship. 

MYTH #7: It can't really be that 
bad or she wouldn't stay. 

. Many women do leave. Every 
year in Massachusetts, 5000 
women and children flee to shel- 
ters for battered women. How- 
ever, some women stay because 
they have been threatened with 
worse harm if they leave or be- 
cause they are economically de- 
pendent on their partners. An 
interview with eighty-one battered 
women in Duluth, Minnesota, 
found that 48% of those employed 
reported that they lost work time 
because of physical abuse, 43% 
were harassed at work, and 18% 
lost their jobs because of the 
abuse; 21% said that they were 
discouraged from going to school, 
and 14% were forbidden by the 
batterer from returning to school. 
The social and economic controls 
which a batterer places on a 
woman and the process of trying 
to tear down her spirit can immo- 
bilize her. 

MYTH #8: Battering occurs be- 
cause both partners come from 
violent families. 

Many professionals and schol- 
ars explain battering as the result 
of a "cycle of violence," in which 
boys who are exposed to violence 
grow up to be batterers; girls, to be 
victims. What this theory fails to 



-116- 



address is the large number of 
batterers who come from nonvio- 
lent families and battered women 
who come from nonviolent fami- 
lies bat become trapped in violent 
relationships. There is no question 
that observing violence towards 
their mother has a tremendous 
impact on children. But this does 
not mean that every child of a 
battered woman will barter or be 
battered as an adult. 

Another facet of the cycle of 
violence theory is the suggestion 
that battered women batter their 
children. Because of this common 
belief, some battered women are 
afraid to mention their own abuse 
to social workers for fear of losing 
custody of their children. Battered 
women are no more likely to abuse 
their children than women who 



have not been battered. 

While thy* cycle of violence 
theory too rigidly stereotypes 
children of batterers, and puts 
blame on the woman, there is an 
important point to be understood 
about the role of victimization in a 
person's life. Being victimized by 
sexual abuse or beatings as a child 
or sexually exploited as an adoles- 
cent can teach a young woman 
bitter lessons about who she is 
and what she can expect from the 
world. People are often confused 
and disgusted by a woman who 
goes from one bad situation to the 
next and they blame her for the 
"choices" she makes. But often we 
can see that the lessons she 
learned as a child have set her up 
for later violence. For instance, 
one woman wrote about the 



/ 



/ 




-117-' 



/ couldn 't seem to heal. 1 

kept being told I was a 

woman who loves too 

much, that I am a maso- 

thist, that I'm addicted to 

abusers. And 1 finally 

found the battered 

women s program in Dcs 

Moines, Iowa, and they 

told me differently. They 

told me I didn 't seek out 

an abuser and that I'm not 

co-dependent. And instead 

they said I have one 

problem: J married a 

goddamned abuser. 



At my wb interview at the 

battered women Is shelter 

they asked if 1 had any 

personal experience with 

battering and I said no. It 

wasn 't until I'd been on 

the job for a few months 

that I realized the answer 

was really yes. Even 

though I'd been beaten 

and abused, as a lesbian I 

just never equated the 

word "battered woman" 

with what I was going 

through. 



impact of having been raped 
repeatedly by her birth father as a 
very young child and sexually 
abused by a neighbor when she 
was seven: 

He encouraged me to drink, to take 
drugs, to sleep with anyone who 
wanted me. He was constantly brag- 
ging that he was 'training' 
me...Eventually he started paying me, 
ten or twenty dollars here and there to 
assuage his guilt. 

She writes of her experience as 
a twelve-year-old girl: • 

/ don't remember how many men 
there were in the four years that 
followed. Most of them older, most of 
them vicious. All of them afraid for 
themselves that I might 'tell.' Some 
were more violent than others. Some 
were more guilty than others. Most of 
them were respected family men...The 
only thing that kept me sane was 
knowing that 1 was not the only one. 
One friend of mine, at fifteen years 
old. was sleeping with a married 
minister. One friend's father broke her 
arm. Another's brother raped her. 
That's life.' we used to say. 'Have 
another beer.' 

MYTH #9: "Women who love too 
much" are the problem. These 
women get "addicted" to abusive 
partners and can't leave. 

This myth is particularly pow- 
erful because it appeals to women 
who are starting to see their rela- 
tionships as unsatisfying and 
abusive. Though the abuser is 
solely responsible for the abusive 
behavior, this myth instead places 
blame on women. The attempts 
made bv women with abusive 
partners to save their relationships 



and maintain a loving home envi- 
ronment for their children are not 
symptoms of an addictive person- 
ality. These reactions are normal 
and healthy. In fact, some of the 
supposed symptoms of addiction 
like "trying hard to be good" are 
actually survivil techniques for 
the batterea woman. Often one of 
the goals of the batterer is to be- 
little the woman's attempts to care 
for him and her children. The 
"women who love too much" 
theory compounds the bartered 
woman's feelings of inadequacy 
and guilt by reinforcing the feeling 
that she is the problem. 

MYTH #10: Lesbians don't get 
battered. 

Lesbian battering occurs when 
a woman uses violent and coercive 
behavior to control her partner or 
lover. She may use the additional 
threat of exposing the abused 
partner's lesbianism-which could 
cause her to lose her job, her 
home, her children, or the support 
of her family. It is a myth that 
certain groups of lesbians batter 
and others do not. Whether a 
woman is a "bar dyke," identifies 
with "butch" or "femme" roles, 
considers herself a "feminist," is 
closeted or not, she is capable of 
battering or being battered. Les- 
bian battering crosses the lines of 
class, race, and culture. 

Battered lesbians are often 
afraid to speak out about the 
battering. The fear of splitting the 
community keeps the battering a 
secret, and this allows the violence 
to continue. The fear of giving 
homophobic people fuel for their 



-118- 



narrea o: les Dians ana gays iceeps 
survivors of lesbian battering 
silent. The lesbian community as 
well as the battered women's 
movement needs to continue 
raising the issue of lesbian batter- 
ing, validating the experiences of 
battered lesbians, and holding the 
batterers accountable. 

MYTH #11: Just as many men as 
women axe battered. Battered 
husbands just don't come for- 
ward as often. 

The vast majority of battering 
occurs in heterosexual couples, 
with the man battering the 
woman. The Bureau of Justice 
Statistics estimates that 95% of 
serious domestic assaults are 
committed by the male. The fact 
that much of the literature goes to 
great lengths to use gender neutral 
terms like "domestic violence/' 
"battering couple/' and "spouse 
abuse" is profoundly misleading. 
Battering is integrally connected to 



sexism ana strongly rootea in our 
patriarchal history. 

MYTH #12: Batterers just have a 
problem expressing anger. They 
need counseling. 

One of the most common, and 
we believe mistaken, approaches 
to getting batterers to stop their 
abuse is to assume that they need 
to learn how to control their anger 
and solve disputes nonviolently. 
We believe this is a mistaken focus 
because batterers ofttin can man- 
age quite adequately not to beat 
their boss when they are angry or 
to terrorize their friends. The 
central focus of programs for 
abusers must be on challenging 
their belief that they have the right 
to control their wives and girl- 
friends. Battering, far from being 
an uncontrolled act, is imposed 
specifically to maintain the bat- 
terer's control over his or her 
partner. 



Batterers are so wound ; 
in denial. They '11 say 1 
didn't really hit her har. 
or she made me do it, or 
was the liquor talking, c 
things 11 get better wher. 
the "pressure s off at wor 
or when I get a job. The 
list is endless. The iron:: 
thing is that the sociolo- 
gists and the media 
collude in the denial 
because they're always 
talking about 'Unempir 
ment and Domestic 
Violence' or "Alcohol cr 
Spouse Abuse.' 



-119- 



■Why Does She Stav? Hel=inc and Under s*Lincliic 

CHAPTER IV:" 
Effective Intervention with Battered Women 

QUESTIONS TO HELP YOU IDENTIFY BATTERED WOMEN 

1. Ask yourself what is making 700 think she is bartered? (Is it what she says, 
her injuries, her or her partner's behavior?) 

She may say*. *Tm afraid to go home." 

Things aren't going so well at home." 
"My husband has been upset iairfy." 
"We've been fighting a lot." 

2. Bufld trust with her by helping her feel safe and comfortable. If her 
partner is with her. take her to a private room where he nnnot see or 
hear her. 



3. Then, ask qnesbom about what you hare nodced. 
a. If she is injured: 

"I see you have (injury). Did someone hurt you? 

"I noticed your (injury). Did someone hurt you? 

"I have seen other women who have (injury) and they have been 

hurt by their partners. I wonder if this is happening to you?" 

h. If she seems withdrawn, sad. anxious, frightened, or is crying. Or if she 
says something that may mdkate battering: 
"What are the tears about?" 
"What's going on thai you seem (mood)?" 
"You seem (mood). I wonder whafs going on." 
"You said (what she said). I wonder if your partner hurts you." 

c If her partner's behavior or mood seems angry, jealous, controlling, or 



"I nodced your paxmer acting (behavior). I wonder if he ever has 



"Your husband seems (mood). Has he ever hurt you?" 

Once she identifies herself as being abused by her parmer, you can go on to 
damns tK » «*-»»«»%- p— ^«wk~» ft g — y difficult r "^ **— ' "* acknowledge the 
abuse, She may even say she s not a battened woman. Don't argue over the 
label, look at behaviors with her. You may be the firs person she has calked to 



-120- 



Batt ered W omen" , Women's Cen~&z cf Stsck-— ra foPSI 
IhTFEKVENTIOft GOALS L -™- e - c - -*-«— < CA i-.bbj 

Tor purpose of mtervexxhon with a. < " eaw "" >< ' woman is to hem her redaim 
powei in her life and to encourage her to act for her own weil-bcmg ^"^ safer/. 
The guais of intervenrion with bartered women are to: 

1. Validate her experiences 

2. Explore her opnons 

3. Advocate for her safety 

4. EuSd on her strengths 

5. Reaped her right to make her own decisions 



1. Allow her to tell ber story. Let her know too believe her 2nd want to 
to her. Use listening skills. 



2. Allow her to cuj. u s ber fccfinc. She has a right to be angry. 

This may be the first time she is feeling safe enough to express anger over 
f to vtBBBBXDiQKL Show enmamy. 



2. Express your concern for her safety sad the safety of her children. She 
onen rirnim that abuse occurs or A ****** the le v el of danger to herself or 

her rrruiii en» She may be in exxxsxxxc danger from the abuser. Help her 
explore bow she might be safe 

4. Let her know that hem is svxuxble. Keep mfcrmahon at t****** to share 
about belpu] 



5. Reinforce the idea that nobody deserves to be beaten. Remind her mat 
she is not the cause of the beatings. She is his niuwt , She may be 
rmnonuhle for deciding to say in the ressnbnshrp, but not for the 
bearings. Changing her behavior m the rrtarinmhfp wul not stop his 
violence. 



6. Reauxe that she may be embarrassed sad i— — sb— — < 

She may have left the relationship b e f or e and may be afraid that people 
won't b eli ev e her this time. Since she feds that the mrm i nihflny for the 
Tesarionshxp is hra. she may think the abuse is her nuts. She snay have 
denied the abuse at one time, but wants hesp now. Support her desire for 
nrtp now. 

7 m • • * * « * » « mm • ft_ ft _t 

her feeangs. Although he abuses bee, she may sull love him and not' 
10 give up the rexanonship. Her love for him may not stop just benny be 
be& Acknowledge herambrvalenceor cuuiusiuu. 



woman m a stereotype, recognise thai some enmnai 
tn her and may be a source of v i lim y far her . 



-121- 



9. Be aware that site may befiere some of the myths also. Most cultures teach 

us myths about domestic violence, She teacis to believe some of the myths 
about riomrac violence even though these myths may contradict her own 
reality. Help her separate the myths from the truths. 



10. Be aware of the cfreffl of isolation and control issues. The woman may 
be physically and/or socially isolated due to location, language, inmro- 
dation. threats, economic dependence, skills, etc, She may have great 
difficulty trusting yon or believing you will midersand. Your warmth and 
concern for her are viaL 



1 1. Remember that c rab sanations mhibil decisionmaking aJtuorv. Explain 
slowiy and carefully choices available to her. If appropriate encourage her 
decision making abuiry. Help her assess her own resources and support 
systems. Provide information about community resources so that she's 
aware of all of her options. She may need time and a safe place before 
making any 



12. Work at bmkfing trust with her so that she can be open about her feelings 
and the battering relationship. Assure her you will not betray her 
Show concern for her safety and the difficulties she 



IS. Rrrmnri her mat she is not alone. There are many other women m similar 
situations. Connecting with others begins to break the isolation battered 
women experience, She may call a crisis One or help line, go to a sheker. 
Join a support group for battered %*orarr i t. or participate in individual 
co unselin g. S upport her efibns to reach out to ot h e r s. 



14. Remember that she may have ofher problems that ^*"""" bbmbombc 
Iiiu in in hill. She may be a danger to herself or others, lack food or 
h o u s ing , be unable to care for her children or herselL Provide services or 

appropriate 



•SAMPLES OF SUPPOKllVi. RESPONSES 



listed below are two pottrhlt responses to statements that are frequently 
nade by battered women. The ineffective respo nses are reacting to common 
nyths that people have about battering: that the victim is to blame, that she can 
asily leave, that domestic violence a not dangerous, etc 




o her and undersumdmg her fieefiaav The effective r esponses may 
iwfcward at first, but are helpful to battered women. 
Only one example is given. There are many effective responses. 

-122- 



S*y 

humuthaa: 

-Hthmtm* 
Iht 



m Ms yam waomomng why ht ~Wkatmuny* 

to ixyouttttxBmtr ht hit yout What an you 






do yam fad about au "Why daat you ten* torn? 

Yaun crazy u> stay with 



Thty an afraid of 



wy lads* 'Yaun cw I knur "They an hutmr off" 

aim tax your duidxtn an gesxng toot father. Yam should go to a 



-Hxthnunl 

am*. Hx'sm 
httmtiyk** 

-Htydhat 

noma, t neiiy hunt. Hi 

gat ta angry ha s Wu c 



'You wmuur if his 



yuuouty ~Hb 



will 



V 



hdp, 



"You fmi hurt by Iht 



oft 



Htsjus 
HxruodxtD ga 



T» afraid la go 
Ufrtogu drunk. MB. 



That km m m 

maul to 



I 
I 



-Yam fid 



Tamn 
Iht 



drink, ht wool drinker* 



f«*W 



u 
to 



'Htsamhts 

la ga 



hi"* 
I 



togow "You 

that lam 



hath of you 



«£k 



~H* tow r« wriy and fat, Tt 
Tn -' - I thank hoTt riguL yaun 
f» afraid ma out «Q mow iht 



ksTl 



to talk to 
tktmuu 



mat 



and 



'Mayo* you'd fad haaar if 



Mmyht I should go 



'Yaun afraid k 

famkf'htkua 



'Yam should talk 

mfyam 

HtHfrd 



-123- 



C12 



THE NEW YORK TIMES HEALTH WEDNESDAY. MARCH It. 1992 



Personal Health Lane E .Brod y 



SffiJESEg'SOTS!? 



When love 
turns violent: 
the roots of 
abuse. 

AMERICAN women have far 
more to (ear from the men 
they know and once loved 
I than from any stranger on 
the street. Domestic violence Is the 
leading cause of Injury and death to 

- American women, causing more 
harm than vehicular accidents, rapes 

-and muggings combined. 

Each year an estimated six million 
women are beaten by the men they 
live with, and 30 percent of women 
who become homicide victims die at 
the hands of men with whom they 

-have a "family" reiiuonship While 
there are some cases of domestic vio- 
lence in which the wife Is the abuser 
as well as problems of abuse among 
gay couples, in the overwhelming ma- 
jority of cases, women are the vic- 
tims at the hands of their men 

When such cases gam wide atten- 
tion, the public tends to blame alcohol 
or drugs or poverty as the provoca- 
tion. But are they? A chemical high 
may release inhibitions against phys- 
ical abuse but It does not create a vio- 
lent, power-hungry person who needs 
to cont rol a spouse even more tightly 
than a master rules a slave As for 
poverty, experts say well-educated, 
well-off professional men are hardly 
Immune ; they are simply better at 
escaping punishment 

Even when the victim's charges of 
abuse are believed, she is often 
blamed for staying with her abuser, 
for not throwing him out or picking up 
the children and leaving Sometimes 
she Is blamed lor hooking up with a 
violent man. or even lor provoking his 
attacks. 

Why Men Do It 

"Why did she stay'" is the leading 
question Far fewer people ask. "Why 
did he do it?" Yet understanding the 
nature of spouse abuse and the forces 
that foster and perpetuate H is cru- 
cial to establishing effective social 
and legal mechanisms for protecting 
the victims, breaking these violent 
patterns and preventing such cases 
from developing in the lirsi place 

As more communities mandate 




therapy for men convicted of domes- 
t ic violence, the extent and origins of 
their abusive behavior is at last un- 
dergoing professional scrutiny. For 
example, Cyndee Pattison. a thera- 
pist who runs groups for men who 
batter women, said' "Most of the 
time the men don't understand that 
what they are saying or doing is of- 
fensive. It's like a reflex, something 
they've done all their lives " She says 
men tend to minimize their actions 
and the consequences, saying things 
like "we had a little argument." even 
when the woman required stitches to 
close facial wounds. 

Ms. Pattison. who works for Victim 
Services, a private nonprofit agency 
in New York City that aids battered 
women, said the men are acting on 
beliefs they learned from their par- 
ents and society "Boys are taught to 
settle problems and disputes with 
their fists, whereas girls are taught to 
use their mouths." she said. 

John A pome, a founder of the Vic- 
tim Services counseling program for 
men who batter, said batterers were 



at the extreme of a continuum of men 
who "carry the seeds of superiority 
given to them" at an early age "Men 
may use Intimidation, threats, eco- 
nomic control or emotional abuse," 
he said "It's when these control tac- 
tics don't work and a man's authority 
is challenged that he feels he has to 
resort to physical abuse." 

Experts aay many abusive men are 
the products of a vicious cycle in 
which thev were abused as children 
or witnessed their fathers abusing 
their mothers physically or psycho- 
logically by belittling them. 

The issue. Ms. Pattison said. Is 
power and control "Historically. 
women were property and men had to 
keep them in line." she said. An abu- 
sive man may control his wife's ac- 
cess to money, not allow her to work 
and make her account for every pen- 
ny she spends He may try to isolate 
her from social contacts by disap- 
proving of her friends, escorting her 
everywhere she goes and alienating 
her from her family. And he may con- 
stantly berate her until she is con- 
vinced she is worthless When he is 
through, she has nowhere to turn for 
support and af firmauon but to him. 
her abuser. 



may even begin ro believe her bat- 
terer's rationalization that the beat- 
ing is for her own good 

When a woman finally musters up 
the courage to leave a man who 
abuses her. she typically encounters 
insurmountable obstacles Sarah 
Buel was herself once the victim of an 
abusive spouse. She eventually es- 
caped with her young son, put herself 
through college, went to Harvard 
Law School on scholarship and is now 
an assistant district attorney for Nor- 
folk County. Mass.. and a leading ad- 
vocate for battered women and court 
reform nationwide. She lists some 
problems faced by battered women 
who try to leave : 

• Mont do not have enough money to 
live on and cannot earn enough to 
support themselves or their children, 
particularly If the children require 
day care. If they ha ve no street ad- 
dress, many cannot get welfare 

•.Most have trouble finding a place 
to live. Five women are turned away 
for every one who seeks shelter, and 
IS percent of shelters will not accept 
women with children. 

Leaving an abusive spouse does 
not necessarily bring safety ; It often 
triggers more serious violence. More 
women are killed in the process of 
leaving than at any other time. For 
example, last week a Milwaukee 
woman was stabbed to death in the 
courthouse by the man from whom 
she was seeking court protection. 

t Women who leave are afraid they 
will lose their children The men, who 
control the money, are often able to 
hire good lawyers and fight success- 
fully for custody of the children. In 
Massachusetts, 70 percent of men 
who try to gain custody succeed 

More often than not. the law falls to 
protect a battered woman. Abusive 
men. instead of being prosecuted and 
jailed for committing acts of criminal 
violence, are either not arrested or 
are released by disbelieving judges 
They are then able to hound and ter- 
rorize their spouses until the women 
are forced to return. Having nowhere 
else to go, half of them do 



Why Womb Stay 

Dr. Samuel C. Klagsbrun. psychia- 
trist and medical director of Four 
Winds Hospital in Katonah. NY., 
points out that most abusive relation- 
ships start out normally as loving, ro- 
mantic and exciting When abuse be- 
gins, women have trouble believing 
that something initially so wonderful 
is turning sour There is a lot of apolo- 
gizing and making up, and the woman 
thinks everything will go back to the 
way li once was. Slowly, barraged by 
repeated abuse, she becomes dehu- 
manized, helpless and unable to see 
herself as a separate person and to 
distinguish right from wrong. 

Dr Klagsbrun. who treated Hedda 
Nussbaum. the abused companion of 
Joel Steinberg, the New York lawyer 
now in jail for fatal child abuse, said 
such women end up surviving m the 
same way that prisoners of war, hos- 
tages or concentration camp victims 
do : by trying to behave well, by ac- 
commodating their captors, by living 
from hour to hour. An abused woman 



XT' , 

Arm Ton Abtj f d? 

Vkaim Services aayt trial a 
woman who answers -yes' to 
any or these questions may b* 
Si an aouervs iwUttonerxp 



• Constantly cnoaza you and 
yourabanjaa? 

• Doooms ovorprotscbve or 

extremely feekjus? 

• Threaten to hurt you. crtuoren 
pana. family or fnanda? 

• Prevent you from sea m o, . 
favntryor fnanda? 

• Have auddan win of anpar^ 

• Destroy peraonaJ property 1 

• Dany you aooeea so family 
assets or control all hnanoea 
and force you to account for 
what you spend? 

• Use intimidation or 
manipulation to oontroi you or 
your children? 

• Hit. punch, slap. took, ahove or 
hrty©W? 

» P revent you from potng where 
you wars whan you want ? 

• Force you to hsve aax when 
you com want to? 

• HumMtata or arnoarraaa you r 
from of others? 

Victim Service* operates a 24- 
hour phona kne tor victims & 
oomaaoo vtotenos m New York 
State at <218) 677-7777. 
The National Domesti c VTossncs 
Hofltna phone nurnoer la (000) 
333- SAFE (7233): (BOO) 673- 
6363 for the hearing impaired 



-124- 



Family Violence: Reaching Populations With 

Special Needs 



Cue Nguyen and Rin Lay barely knew each other well enough to say hello. 
They were a generation apart in age and experience, and, besides, Viet- 
namese and Cambodian refugees don't mix much socially. But each of 
them, as if lured by their common tragic destinies, gravitated to the same 
cramped church basement in Chelsea. Cue came to Harbor Me as a work- 
er, while Rin was a client The battered-women's shelter, strewn with 
toys and boxes of clothing, was one place where they both felt secure. 

Cue showed up at Harbor Me first, in the spring of 1989. Only 5-foot- 1 
and 100 pounds, with warm 
brown eyes and short hair 
combed back. Cue was a gentle 
dynamo. She had been a teacher 
and stockbroker in Saigon dur- 
ing the Vietnam War until the 
communists took over and con- 
fiscated most of her earnings. 
Dauntless, she rebounded by 
starting a cooperative bakery. 

Despite being a compulsive 
gambler himself. Cue's husband 
opposec her risking money on 
the bakery. He beat her so bru- 
tally that neighbors heard the 
screams and saved her. Cue es- 
caped with her son and daughter 
to a refugee camp in Malaysia 
and then in 1981 to the United 
States, where she remarried and 
had another daughter. 

In 1987, Harbor Me added 
one Cambodian and one Viet- 
namese staffer to serve South- 
east Asians pouring into Revere, 
Winthrop, Chelsea, and East 

Boston. The Vietnamese employee quit after her efforts to help battered 
women were greeted with threats from their husbands. Cue then study- 
ing at Bunker Hill Community College, was hired to replace her. 

Cue Nguyen proved to be a natural advocate. Knowing how it felt to be 
abused, she empathized with victims and also provided a role model for 
them. She crisscrossed the Boston area to obtain housing vouchers and 
restraining orders for Vietnamese women. Against Harbor Me policy, 
she even gave them her home telephone number. 








Rin Lay came to Harbor Me rune months after Cue, )oirung a new 
support group for battered Cambodian women. Separated at age 8 from 
her parents, whom she believed to have been killed in Cambodia. Rin had 
arrived in Boston as a teen-ager in 1985 with her sister. While attending 
the bihngual program at South Boston High, she fell in love with a Cambo- 
dian student from East Boston, and they had a son. 

Rin collected welfare and earned cash under the table by decorating 
cakes at a Revere bakery. She bought a car, and a Florida lot she had seen 

in a brochure. She owned both 
assets m her boyfriend's name, 
to avoid jeopardizing her welfare 
benefits. But he beat Rin for 
swearing in front of his parents, 
and she picked up her baby and 
left, penniless. 

"Rin was ambitious," says 
Pheap Corussoz. the Cambodian 
advocate who organized Rin's 
support group. "She wanted a 
good career. She wanted her sis- 
ter to be proud of her. She 
thought, she can make it, she 
can go to school, work, be free 
like an American woman. She 
try so hard to get these things." 
Neither Cue nor Rin would 
fulfill their dream of being "free 
like an American woman." Emo- 
tionally drained by the uphill 
struggle to help battered wom- 
en, and by domestic troubles 
that she did not confide to her 
co-workers, Cue quit her job 
earty in 1990. She gradually lost 
touch with Harbor Me, although she did call once for a reference. By then, 
she had become an American citizen and changed her name to Nancy. 

Rin searched for a stable home and a fulfilling relationship. At a Bud- 
dhist temple in Lynn, Rin prayed for a man to care for her. or, if she had 
squandered her chance in this life, at least a better fate in her next one. 
This past May, on Mother's Day, 44-year-old Cue Nguyen was mur- 
dered by her second husband, who then set their house on fire, killing 
himself and their daughter. In Jury, 25-year-old Omtmuad on Pagt 1 7 



Daniel golden s a staff writer for the globe magazine. 



Photograph by Yunghi Kim /The Boston Globe 



-125- 



Battered lives 

CONTINUED FROM PAGE 11 



fm Lay was strangled and slashed to death, al- 
gedJy by her fiance. Although Cue and Rin had 
evaded abu»ers before, neither managed a clean 
break a second time. Although both were famil- 
iar with battered-women's shelters, police, and 
the court system, neither made more than tenta- 
tive gestures for help. In the end, they were 
paralyzed by the same cultural imperatives — to 
save face, preserve the family, obey the husband 
— that they had valiantly challenged. "It's so 
ironic that Cue was helping others get refuge," 
says Harbor Me staffer Anne Richmond. "But 
she couldn't help herself." 

Most Southeast Asian women in the United 
States have already known more ordeals 
than they can count: when their homes 
were bombed, their parents were murdered, or 
they were raped by pirates or soldiers. Now, in a 
country where they expected deliverance at last, 
many of them are enduring another hell, in the 
form of battering by husbands or lovers. 

Many of these women never report abuse. 
They face the same familial and cultural pres- 
sures that, before the feminist movement pro- 
moted awareness of the issue, influenced 
American women to hide scars. In the male- 
dominated societies of Southeast Asia, domestic 
j^pnee is considered not a crime but a family 
matter, to be concealed from outsiders. "If I see 
a woman with a bruise on her face, little marks 

K'ler eyes, I ask why," says Bonna Sam, a 
bodian social worker at Lowell General 
pital. "They make believe they were falling 
down, or bumping into the door, or their child 
threw something at them, rather than 'I have a 
fight with my partner.' " 

When battered Asian women do contact 
shelters, courts, or police departments, they are 
often turned away or misunderstood because of 
the glaring lack of Asian staff. But the handful of 
service agencies for Southeast Asians in the 
Boston area are inundated with domestic-vio- 
lence cases. Two out of five refugees in a victim- 
assistance program at Boston's International In- 
stitute, and four out of five people helped by the 
state-run Cambodian Women's Health Project, 
are battered women. 

Cue and Rin are only the latest in a steady 
toll of Southeast Asian women slain by their 
abusers. In 1990, Souvanheuang Phachansiri. 
along with two other Laotian immigrants, 
pushed his ex-wife out of a speeding van in Re- 
vere and killed her. Accusing his wife of having 
love affairs at work. Ha Tran, a Vietnamese im- 
migrant, stabbed her to death in 1988 in the 
Ren home that she had bought for them- 
s and their seven children with savings 
from her two jobs. Tran had been released less 
than a week earlier from the state mental-health 
system, where he had been sent after a previous 
assault or. his wife. 

Women from Southeast Asia, China, and Ko- 
rea who are brought here for arranged marriages 
with permanent residents or US citizens have 
been particularly vulnerable to abuse. The Mar- 
riage Fraud Act of 1986 required immigrant 
women to be married for at Jeast two years to 



avoid deportation, giving free rein to 
domineering husbands. Last year, in re- 
sponse to abuse complaints. Congress 
amended the law to allow newtyweds 
who separated from their husbands to 
obtain green cards if they could prove 
that they had been battered. 

All this is not to say that domestic 
violence is more deeply ingrained 
among Asians than other immigrant 
groups — or native-bom Americans. 
Domestic violence knows no cultural 
boundaries. Family Violence in Cross- 
Cultural Perspective (1989), by David 
Levinson. reviewed anthropological 
data from 90 societies and found wife- 
beating in 85 percent of them. In fact, 
according to Levinson, one of the few 
societies without family violence can be 
found in central Thailand, where wives 
often plow the fields while husbands 
rear the children., 

Some Southeast Asian women in 
the United States are stuck in battering 
relationships that began in Vietnam or 
Cambodia. But others are casualties of 
their menfolk's inability to accept a re- 
duced role in American society. Accus- 
tomed (except in central Thailand) to 
being lords of the manor, Asian men in 
this country are required to adjust to a 
world where women work and socialize 
outside the home. They compete for 
scarce blue-collar jobs while their part- 
ners collect paychecks or welfare and 
their children learn English. Often they 
plunge into alcohol and drugs and vent 
frustration on wives or girlfriends. Left 
unprotected on alien soil by the deaths 
or absence of parents and other rela- 
tives, women are easy targets. 

"Domestic violence is less preva- 
lent among Asian immigrants than 
among poor, undereducated Americans, 
but it's a hell of a lot more prevalent 
here than it was in their own cultures," 
says Oregon psychiatrist David Kinsey, 
who runs a clinic for Southeast Asians. 
He adds that domestic violence is par- 
ticularly widespread among recent im- 
migrants, who tend to have been farm- 
ers or fishermen in their homelands and 
are less adaptable than earlier waves of 
more Westernized, educated newcom- 
ers. 

Many batterers are haunted by 
nightmares and flashbacks of war, star- 
vation, and other traumas. Because 
they are suspicious of American psychi- 
atry — which, in any event, is rarely 
offered in their own languages — these 
symptoms often fester untreated. Kin- 
sey is occasionally called in as a consul- 
tant to interview Southeast Asian men 
who have murdered women. He says, 
"Every man involved in one of those 
things has longstanding post-traumatic 
stress disorder or severe depression." 

Inkhiane Khiaosoth knew her hus- 
band was unhappy. In California, she 
had married Tae Xuachun, the product 
of a broken Chinese-Laotian family. 



-126- 



After he hit her twice, she moved t 
Lowell with her mother, but he fo 
lowed. Squabbling, they bred togethe 
off and on with her children: three b 
him, one by another man. Tae found 
job in New Hampshire but couldn't sav 
money to send to his relatives in Lao; 
He began smoking rock cocaine an 
drinking heavily. "It helps me think c 
nothing," he told his wife. 

One morning this past July, Ink 
hiane gave $100 to her mother to bir 
meat Tae punched her in the head am 
shouted, "Give me back my money. 
Crying, Inkhiane hurried with the chi 
dren to her mother's. Tae went on \ 
binge, then broke into the home of Ink 
hiane's mother that night. He douse: 
himself with gasoline and set himself or 
fire. He and Inkhiane's mother were 
killed; Inkhiane and the children were 
injured. 

Inkhiane spent a month in the hos 
pitaL She's still shy about showing hei 
scarred, puffy hands. As her 5-year-olc 
son plays with a strip of torn newspa- 
per, the 22-year-old woman says quietly 
that she can't talk about the fire: "Right 
now, it's hard to go on with my life. I 
feel so bred. I don't know what to do. I 
can't sleep. When I dose my eyes at 
night, I see that fire all the time." 

Linn Nguyen's smile fights up the 
dingy public library. She's describ- 
ing how her plucky mother, Cue 

Nguyen, bundled up Linh and her 
younger brother and sailed away from 
Vietnam. How Thai pirates boarded 
their boat, and Cue screamed at the cap- 
tain until he spared 11-year-old Linh 
from being raped. How the Mala 
refugee camp had only canned 
and rice, so Cue borrowed money 
flour and butter, baked delicious cakes 
to sell, and soon bought fresh fish for 
her children. 

Suddenly the smile vanishes. It was 
in the camp, Linh adds, that Cue met 
the man who would destroy first her vi- 
tality and then her life: Peter Nguyen, 
an ex-South Vietnamese army major. "I 
hated him the minute I saw him," says 
Linh, now 21. "I felt abandoned. I just 
had left my hither. I wanted my mom." 
But Peter wanted Cue, too. Before long, 
he was baking cookies with her. And 
after Cue and her children resettled m a 
Washington, D.C., suburb, Peter joined 
them. 

Realizing that they needed a father, 
Linh and her brother began calling Pe- 
ter "Dad." But the irreverence they 
were absorbing from American class- 
mates clashed with his demand for tra- 
ditional obedience. Cue was trapped in 
the middle. "He tried to be very strict," 
says a family friend. "He forced his wife 
to choose between him and the kids." 

Peter complained that he didn't 
have a job, a legal marriage, or a child. 
Cue found work for him as an electrical 



laysjan 
«y W 



technician, agreed to get married, and, after a 
miscamage, gave birth to Joanna in 1983. Peter 
doted on his daughter, but paternity didn't stop 
him from abusing Cue. 

After one argument in bed, Cue pulled her 

(a ttress into the living room, and Peter set it on 
I Another time, he slapped his wife. When 
inn screamed, he threw a pot at his stepdaugh- 
ter and hit her in the head. Guilt would assail 
him after such episodes, and he would buy ex- 
pensive gifts for Cue or the children — only to 
smash the presents in his next tantrum. 

Then Cue moved to Dorchester, near a cous- 
in of hers, half-hoping that Peter wouJd stay in 
Washington. Instead, he quit his job to join her. 
A Bedford firm hired him as a technician, but his 
temper didn't improve. Linh, who was attending 
a local college, came home to harrowing scenes. 
When she saw Peter about to hit Cue for send- 
ing money to her relatives in Vietnam, Linh 
called her mother's cousin. Cue stayed at her 
cousin's and put down a deposit on another 
apartment. But after a few days, she returned to 
Peter. 

Emotionally drained by Peter's abuse and by 
the stress of her job at Harbor Me, Cue slipped 
into depression. She heard voices, plotting to 
murder her and the children. While Peter was 
working the overnight shift once, Cue called 
him, insisting that Linh was in danger at college. 
Cue was not reassured until Peter left work and 
they drove to see her daughter. 

"She often prided herself on being a sacrific- 
ing wife," Linh says. "I was so frustrated with 
■^ 1 said, 'You're not as strong as you used to 
be. You've changed so much.' In some strange 
way, Peter liked my mom getting sick. It gave 
ijgi more control. He loved to tell people, 'She's 
^Pung mental now.' " 

At Peter's urging, Cue quit her job. The fam- 
ily relocated to Lowell, but new surroundings 
didn't alter old habits. When Peter threatened 
Cue with a knife in August 1990, she applied for 
a restraining order. "My husband want to kill me 
and my child after that he will kill himself," she 
wrote in her application. "He want me living 
alone with him and my little girl. Let my two 
older children move to live with our fnend. I told 
him I could not accept that way because 1 think 
children should live with their mother." 

The temporary order was granted, and Peter 
was arrested for assault. But Cue had second 
thoughts. She rented an apartment only three 
doors down from Peter's. And when it came 
time for the court hearings, she never showed 
up. 



A 



fter leaving her boyfriend, Rin Lay bounced 
from one apartment to the next in Chelsea, 
Revere, and East Boston. When he harassed 

her, she obtained a restraining order against 
him. Like Cue Nguyen, she never followed it up 
She knew that the sympathies of the Cambodian 
community lay with her abuser. 

Tall and slim, with full lips and braided hair, 
the unmarried mother was ostracized like a 
Cambodian Hester Prynne. Righteous matron? 
gossiped about her. She stayed with friends, but 



even though she paid her share of the 
rent, they soon sent her packing, sus- 
pecting her of flirting with their men. 

Rin exuded confidence, but such ac- 
cusations hurt her — as did news that 
her son's father had mamed another 
woman. She blamed herself for break- 
ing up with him. "She was a single 
woman, on her own." says Philip Giffee, 
director of the Neighborhood of Afford- 
able Housing in East Boston. "Other 
people looked askance at her. They said 
she should have lived with her sister, in 
Lynn. When she left her home because 
of abuse, she's the one who had to feel 
shame. She's the one who had no eco- 
nomic resources. She had to pay the 
price for her freedom. Her abuser paid 
no sanction or punishment. She chose 
the tough and narrow road." 

In February 1990, that path led 
downhill into a family shelter for the 
homeless in East Boston. Shelter work- 
ers noticed that Rm's son seemed trou- 
bled and hid behind his mother when 
they approached. Rin was withdrawn, 
too. The closest that she came to con- 
fiding in a case worker was a cryptic 
conversation one night in the kitchen. 
"I've had it with Cambodian men," Rin 
told the woman. "I give up." The wom- 
an told her not to judge the whole crop 
by one bad apple. Rin answered, "I've 
seen enough." 

After five months in the shelter, Rin 
rented a subsidized, second-story apart- 
ment in an East Boston building owned 
by the Neighborhood of Affordable 
Housing. For $15 a month, she had her 
first real home in a long time, and she 
made the most of it She borrowed 
money from her sister to buy used fur- 
niture, and she hung peach curtains in 
the living room and off-white ones ji 
the bedroom. A color photo of herself 
adorned one wall. Her upstairs neighbor 
turned out to be an older woman, a fel- 
low member of Rin's support group at 
Harbor Me. The two of them soon 
formed a mother-daughter attachment 

"Rin was so happy in the new apart- 
ment," says Pheap Cortissoz. the sup- 
port-group leader. "Her first reaction 
was, 'Now nobody will say I take their 
husband.' " 

Her back is turned to the camera, 
concealing her identity. Viewers of 
this videotape will not see her pre- 
maturely aged face or the discolored 
swelling under her left eye — the lega- 
cy of her second husband's karate 
kicks. In the Mission Hill office of the 
Asian Women's Project, where she is 
being taped for a conference on Asian 
domestic violence, the 37-year-old 
Cambodian tells her story through an 
interpreter. She was a widow with one 
son when a soldier forced her to marry 
him. Soon after, he cracked her scalp 
with a swing of his gun barrel. He con- 
tinued to batter her in a Thai refugee 



camp, and in the United States. After 
puncning her. he would lock her in the 
apartment so she couldn't go to the hos- 
pital. 

She had four more children, m the 
vain hope that a family would soften 
him. One day in 1988, she made the 
wrenching choice to run away with her 
oldest boy, a perennial target of his 
stepfather's abuse. They sought sanctu- 
ary with friends in southern New Eng- 
land and New York. Her husband pur- 
sued them, once missing their bus by 
only five minutes, and paid a fnend to 
kill them. Luckily, the fnend warned 
them instead. The woman and her son 
fled south to Florida and Georgia. She 
went without food for days, spending 
what she earned from odd jobs to call 
her other children and send them 
clothes. 

After eight months on the lam. she 
returned to fight for her children. And 
she found an ally — the Asian Women's 
Project, an advocacy program started by 
Cheng Imm Tan, former director of Re- 
newal House, a shelter in Boston. The 
project's Cambodian staffer helped the 
woman gain custody of her children and 
a restraining order against her husband 
She and her three youngest children 
moved into a shelter; her two sons over 
12 were not admitted Then the advo- 
cate found an apartment for the entire 
family. Asked how she feels today, the 
mother taps her chest. "I have nothing 

to be afraid of," she says. "But I still 
carry a big load of anger in here." 

The project in Mission Hill is pan of 
a nascent movement around the nation. 
Shelters for Asian women have sprung 
up in Los Angeles and San Francisr- 
the latter has interpreters on call in 
Asian languages. In New York City, an 
Asian women's center has a network of 
safe homes and apartments for victims. 

As yet, such services remain a nov- 
elty, imperiled by every budget cut. For 
example, after Cue quit as Harbor Me's 
Vietnamese advocate, she was not re- 
placed. Deciding to concentrate its 
dwindling resources on the area's larger 
Cambodian population, the agency hired 
a second Cambodian staffer. And bat- 
tered Vietnamese women lost a pre- 
cious refuge. 

Most battered-women's shelters in 
Massachusetts have no Asian staff; 
many of these agencies advise Asian 
callers to seek help elsewhere. "I've 
known shelters to say to battered wom- 
en, *We can't work with you because we 
can't speak your language,' " Tan says. 
Even if Asian women are admitted, they 
can't bring interpreters, who, like other 
outsiders, are barred for fear that they 
might leak the women's whereabouts. 
Many Asians balk at typical shelter 
rules that prohibit them from eating in 
their rooms, which they may prefer to 
dining with strangers, and from contar - 



-127- 



Battered lives 



^ their abusers, v may be their 
■*Dffly family in the Uiv\.J States. After a 
few days in a shelter, Asian women of- 
ten return home. 

Outside major cities, the wave of 
programs for Asian women has not 
made even a ripple. Lowell is home to 
almost half of the state's Cambodian 
population, yet its one battered-wom- 
en's shelter is only now trying to hire 
its first Asian staffer and is translating 
its brochures into Khmer. Lowell's Al- 
ternative House admits Cambodian 
women on an emergency basis for a 
night or two but often ends up referring 
them to Harbor Me, 40 miles away. 
There are no Cambodians in Lowell's 
police and fire departments. Lowell 
General Hospital, which reports in- 
creased admissions of battered Asian 
women, has no Cambodian staff on the 
overnight shift. When a non-English- 
speaking Cambodian is rushed to the 
emergency room, doctors call a commu- 
nity agency, which takes the patient's 
medical history by phone. 

Although courts are required by law 
to provide interpreters, Lowell District 
^juirt has no full-time speaker of 
Khmer, the Cambodian language. As a 
stopgap, the court uses bilingual work- 
ers from community agencies, who fre- 
quently are unfamiliar with legal ter- 
minology. When battered women go to 
court, their advocates are hijacked as 
interpreters and are placed in a conflict 
of interest. By interpreting for the bat- 
terer, they may lose the client's trust. 
Even the victim's children are recruit- 
ed. Christina Cole, a victim witness ad- 
vocate for the Middlesex County dis- 
trict attorney's office, observes, "It's 
not fair to say to a 15-year-old child, 
'Get Mom into court so we can pros- 
ecute Dad.' " 

Sokha Diep, a University of Lowell 
student and part-time advocate for bat- 
tered women, claims that the court dis- 
criminates against Cambodians. She 
says that clerks typically schedule the 
cases of Cambodians last Once, when 
Diep couldn't accompany a client who 
needed a restraining order, a clerk sent 
the woman home, telling her not to re- 
turn without an interpreter. 

If help for Asian victims is elusive, 
for their abusers it is almost nonexis- 
tent. Neither of the two Boston-area 
programs for batterers has an Asian 
worker. In response to a recent state 
law that recommends counseling for 
abusers, 16 more agencies are seeking 
• certification, but none plan to target the 
Asian community. Not one is in LowelL 
On the advice of state social work- 
ers that it was his only hope to regain 
his children, one Cambodian batterer 



consulted the Emerge program, in 
Cambridge. His wife had left him twice. 
The first time, she returned after his 
brother, a monk, assured her that the 
couple's apartment was the trouble: It 
was possessed by demons. When it 
turned out that her husband could hit 
her anywhere, they separated again, 
and the children were put in foster care. 
Emerge director David Adams con- 
ducted the counseling through an inter- 
preter who spoke the abuser's second 
language: Chinese. Adams made little 
headway. Blaming his wife's indepen- 
dence, the batterer kept repeating, "I'm 
sorry, I didn't realize hitting your wife 
was against the law in this country." 

Cue Nguyen knew the law, but she 
held back from invoking its power 
against her husband. She agreed to 
Peter's latest plan for domestic tran- 
quility: hanging a curtain down the mid- 
dle of their top-floor apartment in a 
blue-shingled dwelling in The Acre, a 
Lowell neighborhood. 

It was Peter's version of the Iron 
Curtain. He and his daughter, Joanna, 
used two bedrooms and a kitchen on 
one side of the curtain while his step- 
children were restricted to two rooms 
on the other side and given a stove for 
cooking. The bathroom was the demili- 
tarized zone. Only Cue had access to 
both sectors. 

Peter strictly enforced these rules. 

He did not allow Joanna to fraternize 
with the enemy. Occasionally, as she 
roller-skated around her territory, she 
would peek through the curtain. Linh 
would say, "Boo!" and make a scary 
face, sending Joanna screaming for her 
father. 

To paraphrase Lincoln, an apart- 
ment divided against itself cannot stand. 
The strain told on both sides of the cur- 
tain. Linh watched an Oprah show about 
an abuser who killed his wife, and she 
"got so scared." Peter was having flash- 
backs to his confinement in a commu- 
nist re-education camp, when he was so 
desperate for meat that he caught liz- 
ards and ate them alive. Up for a trans- 
fer at work, he persuaded his boss to 
cancel it, saying that any change might 
reactivate painful memories. He relaxed 
only on weekends, in the company of 
other former South Vietnamese mili- 
tary, drinking one cognac and soda after 
another. 

Still afflicted by nightmares. Cue 
summoned her resolve to leave. This 
past May, without telling her husband, 
she consulted a lawyer about divorce, 
arranged to go on welfare on June 1, 
and found a downtown Lowell high-rise 
apartment for herself and the three chil- 
dren. Then she visited Quyen Tran, her 
best friend since they met as class- 
mates at Bunker Hill Community Col- 
lege. A staffer at the East Boston Ecu- 
menical Council. Quyen had recom- 



mended Cue for her job at Harbor Me. 

As they talked in Quyen 's beoroom 
in East Boston, Cue asked to borrow 
$300 for her rental deposit. When 
Quyen agreed. Cue warned her friend, 
"If I die, I can't pay you back." 

On the evening of May 12, Cue and 
the older children were secretly moving 
furniture from their side of the curtain 
to their new apaitment. Linh and her 
brother were eager to sleep there and 
asked Cue to join them. But she was 
unwilling to leave Joanna alone over- 
night while Peter went to work. 

Cue returned home at around 9 p.m. 
At 11:30, Peter was seen gomg to his 
parked car on the street and coming 
back with a package that probably con- 
tained a gasoline can. Investigators say 
that he stabbed Cue 18 times with a 
carving knife, and set the apartment on 
fire, before stabbing himself twice. The 
blaze spread to a bedroom where 7- 
year-old Joanna slept. The girl crawled 
out of bed but died of smoke inhalation 
on the floor. 

Months later, Linh is still mentally 
pleading with her mother to run before 
it's too late. "She said, 'We'll move, 
we'll move.' But we never made a clean 
break," Linh says. 

"It's very preventable. My mother 
came across the ocean on her own. Wife 
abusers shouldn't have this power. 
They're scared to death of police. All 
you have to do is move to another state 

and get your life together. If they mis- 
treat you. you can stop it, as long as 
you're alive. These wife abusers will 
give up. They're losers." 

The New Year of 1991 brought won- 
drous tidings for Pun Lay. Her par- 
ents, whom she had not seen or 
heard from in 17 years, were alive in 
Cambodia. She sent them her last $500, 
along with a videotape of herself, and 
promised to visit in September. By 
then. Pun hoped, she could boast about a 
career and a husband. She was about to 
finish a computer training course, al- 
though it would be bard competing with 
Americans for jobs during a recession. 
And she had a very determined suitor. 

Michael Duong worked as a waiter 
and courier in New York City. Fourteen 
years older than Rin, he met her 
through a mutual friend. A Cambodian 
immigrant, he had an ex-wife and two 
children in California. Michael dressed 
flashily and dazzled Rin with his fluency 
in six languages, including French, Nor- 
wegian, German, and English. 

What turned her head even more 
was his attentrveness. He visited her 
apartment often enough to cause ten- 
sion between Rin and her erstwhile 
friend upstairs, whom Rin accused of 
spying on them. Back in New York. Mi- 
chael called Rin every morning before 
computer class and each night before 
she went to sleep. 



-128- 



When Michael proposed marriage, 
Rin consulted a Cambodian fortune- 
teller in Lynn, who advised against it. 
Rin said yes anyway and flew to New 
York, where Michael gave her a dia- 
mond nng. But as he drove her back to 
Boston, she glimpsed the flip side of his 
devotion — an obsessive desire for con- 
trol. He wanted to stop for a meal but 
Rin insisted on going straight home. He 
punched her in the temple, and she fell 
and hit the dashboard. Later, Rin 
showed the bruise to Harbor Me's Cor- 
tissoz, saying that Michael had told her 
not to see a doctor. 

To prepare for the wedding, Michael 
stayed with Rin's sister and brother-in- 
law in Lynn. But they threw him out 
after they heard about an incident at an 
engagement party for one of Rin's 
friends. Michael had arrived late and 
found Rin dancing. Berserk with jealou- 
sy, he pulled her outside and struck 
her. 

By the end of June, Rin was having 
second thoughts. It wasn't just the bat- 
tering. She also heard stories that Mi- 
chael gambled. Police would later find 
that he frequented Atlantic City casinos 
and allegedly owed $30,000 to orga- 
nized crime. Probably to erase a gam- 
bling debt, although he told Rin that it 
was to raise money for their wedding, 
Michael took back her engagement ring 
and pawned it- 
Even her support group's excursion 

to the USS Constitution on July 1 
couldn't lift Rin's spirits. "She look very 
sad," says Cortissoz. "She feel like 
something is gonna happen to her, but 
she's not sure what. She kept sa\ 
Tell me what to do.' " The HarborV 
advocate told Rin to relax and have fun. 
A few days later, Michael tried to 
move his belongings into her apart- 
ment, but Rin prevented him. Her 
brother-in-law, Koun Kheal, suggested 
calling the police. "She was afraid to do 
that, because she felt pity for him," he 
says. 

On Monday morning, July 8, Koun 
and Rin's sister stopped by Rin's apart- 
ment, found her arguing with Michael 
about the ring, and left. Then, police be- 
lieve, Michael Duong murdered Rin and 
fled in her car. Rin's mutilated body, ly- 
ing on her bedroom floor, was not dis- 
covered until four days later. Duong, 
who abandoned Rin's car in New Jersey 
in October, remains at large. 

After the murder. Rin's support 
group at Harbor Me disbanded. The ad- 
vocate, Cortissoz, blames herself: 
"After I heard Rin was dead. I remem- 
bered she tried to tell me. I should have 
listened more." Rin's son now U 
with his father, who had abused / 
mother. Rin's sister collapsed iag _ioc}_ 

veraber and was hospitalized for s^- —1/7— 

And Rin's parents in Cambodia suti — 
not know that the daughter they found 
after so many years is lost forever. • 



For these and other materials, 
we thank Information Plus , 
publishers of surveys of the 
current literature on a variety 
of subjects. 

Information Plus 
2812 Exchange Street 
Wylie, Texas 75098 



WHAT IS ELDER ABUSE? 

One of the major problems in digniggJTig and 
researching elder abuse is that mere is no agreed- 
upon definition. This is a relatively unstudied area 
of research — not only the study of elder abuse, but 
also the study of the elderly. Some researchers 
have applied concepts and definitions that have 
developed from studying child and wife abuse to 
elder abuse, while others see this as a TnictnV* 

Over the last decade, researchers have identi- 
fied physical abuse, psychological abuse, material 
abuse, financial abuse, violation of rights, active 
neglect, passive neglect, psychological neglect, 
self-neglect, and poor residential environment. 
Individual definitions vary dramatically, and what 
one researcher calls passive neglect is psychologi- 
cal neglect to another, and what is material abuse 
to one is a violation of rights for another. They all 
agree that hitting an elderly person, threatening 
them with a knife or gun, not giving them food, or 



stealing their money is elder abuse. De termini ng 
precise definitions, however, is necessary for legal 
purposes, the ability to compare research, and to 
establish uniformity in leporting . 

The results of a three-day "Conference on 
jnArr Abuse and Neglect", held at the University 
of New Hampshire in 1985 and a t t cn rird by the 
leading figures in the field, reflected the difficulty 
in reaching an acceptable c omm on definition for 
elder abuse. Dr. Karl Pfllemer's overview of the 
gathering, "Elder Abuse and Neglect Recommen- 
dations from the Research Conference on Elder 
Abuse and Neglect" (University of New Hamp- 
shire, Durham, NH, 1986), reported that the con- 
ference could not reach an agreement on a defini- 
tion. "After lengthy deliberation, participants con- 
cluded mat the definition, and therefore basic 
conceptions of abuse itself, varied with profes- 
sional persp ective and that even within the same 
profession different parameters are used." 

About the only thing they could agree utoe 
was that the term should apply to those 65 year*, 
and older, although many experts not at the cont'?i - 
ence do not even accept this. Some research. •- 
drop as low as 50 years of age, and others beli* v* 
that since health care has improved so dram* 
cally, only those 70 years and older should t* 
counted 

SOME DEFINITIONS 

The American Association of Retired Person 
(AARP) has been committed to the issues of eldt* 
abuse. In their publication Domestic Mistreatment 
of the Elderly: Towards Prevention (by Richard L. 
Douglass, 1988, WDC: American Association of 
Retired Persons) they use the term, "mistreat- 
ment" emphasizing that this is abuse that is in- 
t 'jct«d by someone else as opposed to self-neglect 
^bid often is a result of mental deterioration. 

The AARP classifies mistreatment into diff Cer- 
ent categorrs. The r/resence or absence of motiva- 
tion to cau^e harm is a principle consideration, 
dividing active rather than passive (accidental) 



-130- 



behavior. The AARP also distinguishes mistreat- 
ment duration. Is this harm that has started only 
with old-age or has it been part of a person's earlier 
life? They use the following definitions: 

Passive Neglect — The unintentional 

failure to fulfill a carets king obliga- 
tion; there is no conscious or willful 
attempt to inflict physical or emo- 
tional distress on the older person. 
Examples: non-provision of food or 
health-related services because of the 
caregiver's infirmity, laziness, or in- 
adequate skills, knowledge, or under- 
standing of the necessity of prescribed 
cr other cssmrial services. 

Psychological Abuse — The infliction 
of mental anguish Examples: de- 
meaning, name calling, treating as a 
child, insulting, ignoring, frighten- 
ing, humiliating, ™i»jTTii<i*rtwg threat- 
ening, isolating. 

Material (Financial) Abuse — The 
illegal, or unethical exploitation and/ 
or use of funds, property, or other 
assets belonging to the older person. 

Active Neglect — The intentional fail- 
ure to fulfill a caretaking obligation, 
including a conscious and willful at- 
tempt to inflict physical or emotional 
stress or injury on the older person. 
Examples: deliberate abandonment, 
deliberate denial of food or health- 
related services, depriving of dentures 
or glasses. 

Physical Abuse — The infliction of 
physical pain or injury, or physical 
coer c ion (confinement against one's 
will). Examples: slapping, bruising, 
sexually molesting, cutting, lacerat- 
ing, burning, physically restraining, 
pushing, shoving. 



The (Pennsylvania) Attorney General's Family 
Violence Task F or c e , in Violence Against Elders 
(1988, Haxrisburg, PA), defined "elder abuse" as 

any of several forms of mistreatment 
of an elder by a person with whom the 
elder victim has a special relation- . 
ship. The forms of mistreatment in- 
clude physical abuse (non-acciden- 
tal physical farce that results in in- 
jury), sexual abuse (non-consensual 
sexual contact), psychological abuse 
( infliction of mental angingfr by threat, 
intimidation, humiliation, or other 
such conduct), finnnmni abuse (un- 
authorized use of funds or property ), 
and neglect (failure to fulfill a 
caretaking obligation). Some of the 
literature and statutes on elder abuse 
distinguish among several types of 
negl e ct The types include active 
neglect (willful failure to provide 
care), passive neglect (non-willful 
failure to provide care resulting, for 
example, from inadequate knowledge 
or infirmity of the caretaker), and self- 
neglect (failure of the elder, usually 
as a result of physical or ™*n»q1 im- 
pairment, to care adequately for him- 
self or herself). 

The Task Force noted that elder abuse may or 
may not be a crime. Most physical, g»Tnnl and 
financial abuses are crimes. Depending on the 
conduct and the consequences, some psychologi- 
cal abuses can be crimes. Neglect, under certain 
conditions can be a crime, while self-neglect is 
never a crime. 

Elder abuse can further be classified as "insti- 
tutional elder abuse" or "domestic elder abuse." 
The Pennsylvania Task Force defined these terms 
by the relationship between the abuser and the 
elder victim, not the physical location where the 
abuse took place. "Institutional elder abuse" is 
done by a person who has undertaken a contractual 



-131- 



obligation to provide care to the elder victim. 
"Domestic elder abuse" is done by a person who 
has volunteered to provide care to the elder victim 
or who otherwise has a special relationship with 
the victim. Al though the Pennsylvania TaskForce 
believes "the relationship between the abuser and 
the abused is a more important distinction than the 
site of the abuse," many researchers consider "in- 
stitutional elder abuse" only that which is commit- 
ted in an institution. 

DIFFICULTIES WITH DEFINITIONS 

Problems with definitions often arise when 
they are applied to specific cases. Tanya Johnson, 
in "Critical Issues in the Definition of Elder Mis- 
treatment" (in Elder Abuse— Conflict in the Fam- 
ily, see above), discusses some of the problems 
that can develop: 

Does the act of tying the older person 
to a chair constitute elder mistreat- 
ment? What if tying the older person 
to a chair is a method to protect the 
older person fr om injury du e to fall- 
ing. What about the older person who 
is malnourished because of the poor 
eating habits of the caregjving fam- 
ily? Can we say that a family is ne- 
glectful of the older member's nutri- 
tional needs if they apply the same 
standards to themselves? Is the older 
person who appears anxious signal- 
ing mistreatment from others or a per- 
sonality characteristic peculiar to that 
individual? The inclusion of intent to 
harm in definitions of elder mistreat- 
ment raises a number of questions that 
have no easy answers. Should fami- 
lies who are unaware that they are 
being neglectful be counseled by pro- 
fessionals in the same way as those 
who have knowingly left the older 
person unattended? If the effect is 
elder neglect, how important is the 
cause? 



Johnson prefers a definition based upon the 
suffering ("intense and sustained pain and an- 
guish") of the victim. This would eliminate the 
isolated incident of shoving or occasional "slan- 
derous" name calling which may come out of a fit 
of frustration. Nonetheless, Johnson recognizes 
that even her definition runs into serious prob- 
lems. "For some older persons, tracing may cause 
mental »ng™gtv for others it may be the usual 
mode of interaction." Some families have shouted 
at each other all their lives, and it indicates no 
abuse, while for others it might involve consider- 
able suffering. Each case must be handled in the 
context of that individual relationship. 

Hie legal issues are also important Pillemer 
reports that several people at the Conference of 
Elder Abuse and Neglect expressed concern that 
"too broad a definition . . . might allow extensive 
state intervention." Some argued that "mandatory 
reporting laws with . . . broad definitions can result 
in unwanted intervention . . . may lead to institu- 
tionalization due to the lack of alternative ser- 
vices." For example, if a poor family simply can- 
not take care of the elderly to the level required by 
law (an issue that also comes up in child neglect 
cases), is the elderly person better off in a nursing 
home (a likely consequence since there is almost 
no funding for home care of the elderly)? 

PROBLEMS OF REPORTING 

Not ha ving consistent definitions of elder abuse 
affects reporting laws and data collection. Al- 
though there are mandatory reporting laws, the 
states vary widely in their definitions, in the stan- 
dards they provide for reporting, the penalties for 
failure to report , and the types of immunity pro- 
vided for those who do report abuse. For this 
reason it is impossible to gather national data and 
the extent and types of abuse which exist It also 
prevents developing an effective prevention pro- 
gram. 

Unlike child abuse, where the victim is often in 
constant contact with teachers, doctors, and others 



-132- 



who might recognize the results of abuse, the 
elderly are often isolated and do not come into 
contact with those who might recognize they have 
been the victims of violence. Caregivers can at- 
tribute bruises and broken bones to a falL An 
elderly victim might not be believed because of 
confusion or senility. 

A significant difficulty in gathering informa- 
tion from the elderly is their reluctance to either 
report or prosecute the crime. Margaret F.Hudson 
in, "Elder Mistreatment Current Research" (Chap- 
ter VI in Elder Abuse), writes that the elderly often 
deny (consciously or unconsciously) that the abuse 
is taking place for several reasons: 

1 . fear of retaliation, abandonment, or 
being removed f ro m the home or fam- 
ily setting; 

2. belief that the abuse was deserved; 

3. sense that there is nowhere else to 
go or that nothing can be done to help; 

4. shame in admitting such treatment 
by one 'sown children... elders wish 
to protect their image as good parents. 
If their children have abused th^m, 
then, as some elders believe, it must 
have been their own fault 

Most elderly are afraid of nursing homes. Many 
would rather stay at home and be mistreated than 
be institudcmalized. Since social workers carmotforce 
an elderly person to report an abuser, they must 
honor each person's right to choose Sometimes, 
even though the cases reach extrem e violence or 
neglect, the authorities are unable to take any 
action. In the government report, "Elder Abuse: A 
Decade of Shame and Inaction'' (1990, WDQ, a 
case history documented a woman who was brought 
to the hospital by paramedics. She was confused, 
dehydrated, had a maggot infested leg and weighed 
about 60 pounds, She was bruised all over her body 
and had a gash on her face. "She wouldn't confirm 
that her daughter had beaten her or ritnied her care 
because, *I don't want to get anyone in trouble."* 
Two weeks after being brought to the hospital, she 
died and her daughter could not be located. 



FIGURE 16.1 
Sex Of The Abused 




Hale 



TABLE 16.1 

Mnkfcrtttbe Atari 



ittntcttr 



■flfltn 



JQSfcU- 



^Tctnt 



HUM 
lift* 



an 

34 

2 
40 

3 
•i 



100.0 
45. 1 
1.5 
1.4 
1.1 
0.4 

n.i 



FIGURE 16.2 

Sex Of The Abuser 
Elders 

Feasls 




Unknown 



of Social 



lUlt 

Dtptntkni AdultfFldrr Abuse, Deparema 
California. (19*4) 



-133- 



Fear of isolation, loss of support, and great 
embarrassment resulting from the revelation that 
their own children would abuse them is often 
greater than the fear of continued abuse. Usually a 
neighbor or another relative reports the abuse. 
Elderly cooperation in the prosecution of the crime 
is just as unusual. As a result, the statistics used in 
the few studies on elderly abuse perhaps must be 
seen as indicative of the reality, but not the reality 
itself. 

HOW FREQUENT IS ELDER ABUSE? 

Karl Pillemer and Jill Suitor, in "Prevention of 
Elder Abuse" (Robert Ammerman and Michael 
Hersen, eds., 1990, Treatment of Family Violence, 
NY: John Wiley and Sons), point out that very few 
scientifically valid studies of elder abuse have 
been conducted. Some experts have characterized 
elder abuse as being in the situation that child 
abuse was in 20 years ago. S. Powell and R. Berg 
(1987, "When the Elderly are Abused: Character- 
istics and Intervention," vol. 13, Educational Ger- 
ontology), observed that, "Lack of quality data has 
led to statements presented as facts that have no 
scientific foundation but are used to frame both 
policy and programs to treat and prevent the abuse 
of older persons." 

A California Study 

In 1984, the California State Department of 
Social Services, in Dependent Adult/Elder Abuse 
— Characteristics Survey (1985), surveyed the 
reports of abuse against the elderly (and dependent 
adults) received by the county welfare depart- 
ments for July 1984. There were 456 reports for 
those over 65. 

The study found the typical abuse victim was 
female (73 percent or 333 of the cases) and about 
78 years of age (Figure 16.1). Over one-half of the 
abused were white (65 percent), followed by His- 
panic (8.8 percent), and black (7.5 percent) (Table 
16.1). The alleged abuser was more often male 
(46.5 percent), but was nearly as often a woman 
(4 1 percent) (Figure 1 6.2) . The abuser was usually 





TABLE 16.2 




IckLbwkip of Smptati Abut to Vkiao 


teL«eionari 


is nun 




wimb«r 


•*reant 


TODU.. . . 


13ft 


1M.0 


ouortflan 


l 


1.5 


■POUH 


70 


15.3 


texont 


a 


0.4 


Offaprlai 


l§9 


31.1 


Otter teUtion 70 


13.4 


Mo teUtion 


107 


22.3 


"- 


SI 


t.f 




TABLE 163 






Type* Aim 




— 


■ldara 


mater 


Mr cm; 


TOTAL.. 


12i 


100.0 


MtueUry 


101 


41.0 


ftiyaical 


209 


43.0 


RMttl 


121 


24.3 


MfUct 


120 


20.3 




t 10 


2.9 


Otter 


« 


0.0 


UBta — 





1.0 




TABLE 16.4 






iKQoucytf Ami 




Proquonq 


' ilftta 




Muabtr 


Ft mm 


TOTAL.. 


ill 


100.0 


DOltf 


123 


27.0 


UMkly 


14 


3.1 


Monthly 


SI 


4.4 


Sporadically M 


21.1 



194 



42.4 



Source of above Dependent AduU/Eider Abuse. P ep— MM of 
Social Services. California, (19&4) 



-134- 



._«-. ^u.n yatiaamj — ui«»t uiicn an 
offspring (37 percent) followed by spouses or 
other relatives in equal proportions (15.5 percent). 
In those cases inHimting no relation (233 per- 
cent), itmight have been a caretaker, housekeeper, 
or landlord who had abused them. (See Table 
16.2.) 

Table 16.3 shows that almost half (45 percent) 
of the cases involved physical abuse, followed by 
fiduciary (monetary) abuse (42 percent), neglect 
(30.3 percent), and mental abuse (26-5 per cen t). 
Almost half of the reported cases involved more 
than one type of abuse. The reported abuse was 
committed daily in more than one-fourth (27 per- 
cent) of the cases, however, it was reported to be 
only sporadic in 21 per cent of the cases (Table 
16.4). Hospitalization was required in about one- 
quarter (25.4 percent) of the cases. In 19.5 percent 
of the cases no injury was reported, but in two 
cases the abuse resulted in death (Table 16.5). The 
overwhelming majority (86.2 percent) of cases 
occurred in a private residence with only a small 
percentage (8.5 percent) hardening in institutions. 
Over half (5 1.6 percent) of the abuse was reported 
by a caregiver who was not related to the victim 
such as a custodian or health practitioner or a 
concerned citizen. Only 9.7 percent of the victims 
reported their own abuse (Table 16.6). A large 
majority of the elderly (85.5 pe rce n t) agreed to 
accept some type of social services to help them, 
most (93 .8 percent) receiving it from adult protec- 
tive services. 

THE FIRST LARGE RANDOM SURVEY 





TABLE 16.5 






I*—fU)-7 






mnmt 


ilfltr? 




vuotr 


*trr«nt_ 




TWIit ■ •« 


fit 


100.0 




■m fferateai 


2S1 


55.0 




PbplCAl ttUM 


aa 


€5.0 


100.0 


mtBimj 


40 




11.5 

1 A 



■d nxicAi 



».4 
1.3 

11.0 

at.i 



TABLE 16.6 



.1141 



tie 



Xttmmr, 



in 



••lad** 



la 



100. P 
9.7 
0.4 

94.1 

17.9 

14.0 

91.7 

2.9 



Dependent Adult/Elder Abuse, Deput- 
(1914) 



Karl Pillemer and David Finkelhor, well-known 
authorities in the field of abuse and members of the 
Family Violence Research Program at the Univer- 
sity of New Hampshire, completed the only large- 
scale, random sample survey. Between September 
1985 and February 1986, the Center for Survey 
Research at the University of Massachusetts (they 
conducted the survey for Pillemer and Finkelhor) 
interviewed 2,020 elderly households in the Bos- 
ton metropolitan area regarding their experience 
of physical violence, verbal aggression, and ne- 



glect Elderly in institutions were not included in 
this survey. Drs. Pillemer and Finkelhorpublished 
their conclusions in The Prevalence of Elder 
Abuse: A Random Sample Survey" (1988, voL 28, 
no. 1, Gerontological Society of America ). 

Pillemer and Finkelhor found that of the 2,020 
persons interviewed, 63 persons, or 32 per 1,000 
elderly, had been mistreated. Based on the popu- 
lation of Boston, where the survey was taken, 
Pillemer and Finkelhor estimated that between 



-135- 



8,646 and 13,487 elderly ttostonians suffered 
abuse. If this rate were applied to the United Stales, 
between 701,000 and 1,093,560 older Americans 
have possibly been abused. (For various method- 
ological reasons, Pillemer and Rnkelhor believe 
they might have undercounted, to some extent, the 
number of abused. Also, they have not counted 
financial abuse.) The most commonly cited statis- 
tics for the rate of elder abuse range between 
500,00 and 2.5 million cases per year. The upper 
estimate, however, is generally considered to be a 
distortion ofPillemer's work whichhad concluded 
that no more than 1.1 million older Americans had 
ever been abused. 

Most Elderly Abused by the Elderly 

Unlike most other studies, Pillemer and 
Rnkelhor found spouses committed most of the 
violence done to the elderly. They reported that 
almost three-fifths (58 perc en t) of the abusers 
were spouses, compared to 15 per cent of the cases 
which involved abuse by a son or a daughter. (See 
Table 16.7.) The researchers found little differ- 
ence between minority and white elderly, older old 
(over 75) and younger old (65 to 74) and no 
significant differences based on religious, eco- 
nomic, or educational background. Most earlier 
studies have found a higher rate of elderly abuse 
among the older elderly and the more economi- 
cally disadvantaged. Tne researchers believe the 
higher rate among these two groups might be more 
accountable not to, M a greater risk for abuse but 
from the greater visibility of the very old and 
disadvantaged to potential r ep orte rs of abuse.** 

On the other h*™* 1 , they found those living 
alone had much lower rates of abuse. This was to 
be expected since simply being in constant contact 
with another person would naturally increase the 
chances of violence. Consequently, those living 
alone, such as widows, divorcees, and those never 
married, suffered less abuse. Those in poor health 
were more likely to suffer from neglect than those 
in good health as did those elderly with no care- 
taker. 



TABLE 16.7 
Nqp rtMn — Vkim ULtiiaeahi* 

I dale) 




Husband to wife 1402%) 7(17%) 707%) 209%) 

Wife to husband 206%) 17(0%) 707%) - 

Sontomothtr 5(8%) 4(10%) 2(8%) - 

Sontoothtf 5(8%) 3(7%) 201%) - 

Daughter to mother 4(6%) 1(3%) 2(8%) 209%) 

Daughter to father 1(2%) -1(3%) - 

Other 11(18%) 7(17%) 509%) 3K2%) 



Total 



The total number of cues in specific categories exceeds the All 
Types category, because more man one type of abuse was some- 
times present 



GtromoiogixL voL 21. no. 1. p34 , 1 9M 
Copjmsbt C The Germolopol Sooctr of 



Spousal Abuse 

As noted above, Pillemer and Rnkelhor found 
most elderly people are abused by their spouses. 
Until research began to show otherwise, the ac- 
cepted stereotype of elder abuse had been that of a 
mentally or physically dependent parent moving 
in with a child, who, overwhelmed by the situa- 
tion, strikes out in some way against the parent. In 
this survey, spousal abuse, not child against parent 
violence, appeared to be the more common situa- 
tion. This was not because the elderly are any more 
violent than their children. Rather, since spouses 
are more likely to live in the household than are the 
children, the opportunity for violence is greater. 
"If more elderly lived with their children,*' note 
Pillemer and Rnkelhor, "there would probably be 
more child-to-elder violence.** The spousal abuse 
may well be the pattern of these marriages that has 
existed for years and is continuing into old age. 

When compared with the other forms of do- 
mestic violence, elderly abuse has traditionally 
been compared with child abuse because of the 
similar dep ende n t position of the abused person. 
This survey suggested "that elder abuse has much 
more in common with spouse abuse than child 



-136- 



abuse.** Pillemer and Hnkelhor noted, however, 
that the important factor in the abuse is the person 
who lives with the elder and that because more 
elderly live with their spouses, they are abused 
more often by that person. Examining the data, the 
researchers found that the rate of abuse was 4 1 per 
1,000 elders who lived with a spouse and 44 per 
1,000 elders who lived with their adult child. 
Pillemer and Hnkelhor also pointed out that some 
earlier studies had found spousal abuse to be a 
major factor in elderly abuse, but that this had been 
played down. They attributed this to the desire of 
those trying to gain sympathy for the abused 
elderly, to put the issue in the most compelling 
light The image of an adult child abusing a depen- 
dent, weak, elderly person is sure to raise sympa- 
thy, while the image of one elderly person hitting 
another is less likely to do so. 

Men and Women Equally Abused 

The second major finding in the Pillemer and 
Hnkelhor study was the roughly equal rates of 
abuse against men (52 percent) and women (48 
percent). This runs counter to virtually every other 
study. The researchers attributed this to two fac- 
tors. Fust, older men were far less likely to live 
alone than older women. Men tend to die younger 
than women, so women are more frequently left to 
live alone. When men lose a spouse, they are more 
likely to remarry or live with their families than are 
women who lose a mate. Consequently, men are 



more frequently in a situation at risk for abuse than 
if they were living alone. Secondly, abuse by a 
woman «* g»ingt a man is likely to be less serious 
than the violence of a man against a woman. Men 
are bigger, stronger, and better able to defend 
themselves. As a result, women are more likely to 
suffer serious injury and therefore be reported to 
"wtir^l authorities or social welfare agencies. 
These are the sources from which the previous 
studies received their information. (See Chapter 
DC for rates of women who abuse their mates.) 

What Can Be Done? 

The study stressed the importance of educat- 
ing service providers and the elderly about spouse 
abuse. This is particularly important for the eld- 
erly, many of whom grew up in a generation which 
was much more tolerant of spouse abuse than the 
current generation. Many elderly victims accept 
spouse abuse because they believe it is acceptable. 
They need to be made aware that it is not, and that 
they can do something about it 



Pill 



and Hnkelhor wanted researchers to 
realize that elder abuse can be the subject of 
general population surveys and not just data from 
clinical samples and reporte d cases. It is hoped 
that this effort will open the door to other investi- 
gations and that many of the remaining troubling 
questions about this disturbing problem will soon 
yield to greater insight*' It has not yet come about 



To report elder abuse, call the Elder abuse Hotline 1-800-922-2275 



-137- 



Attorney General 
SCOTT HARSHBARGER 



ELDERLY 



OlECT/ 



^OJ£c>? 



Law Enforcement 



ELDER ABUSE REPORTING AND INTERVENTION 



BACKGROUND 



In 1983, the Massachusetts mandatory reporting law went into effect as G.L. c. 19A. 
This law requires that certain professionals 1 report suspected occurrences of elder 
abuse, neglect and financial exploitation. Reports are investigated by social service 
professionals and, in serious circumstances, cases are referred to the district attorney. 



MANDATORY POLICE RESPONSIBILTIES 

WHEN POLICE OFFICERS HA VE REASONABLE CAUSE TO BELIEVE 

Expansive definition: "Reasonable cause to believe" is not intended to restrict the 
reporting of cases or the acceptance of reports. Furthermore, written documentation 
of "reasonable cause" is not required. Op. Atty. Gen., May 27, 1975, p. 139 (specific 
issue concerned reporting under the child abuse law). 

THAT AN ELDER, WHO IS 60 YEARS OF AGE OR OLDER, 



1 Other mandated reporters include, for example, doctors, dentists, firefighters, EMT's, 
nurses, psychologists, social workers, and home health aids. Also, in cases where elders are 
abused in a nursing home setting, mandated reports are provided to the Department of 
Public Health which, in conjunction with the Attorney General's Office, conducts the 
investigation. See G.L. c. Ill, s. 72F-72L. Generally, police officers do not become aware 
of nursing home abuse. 



-138- 



HAS SUFFERED OR IS SUFFERING FROM ELDER ABUSE, 



Physical and Emotional Abuse: The non-accidental infliction by another person of 
serious physical or emotional injury, including sexual assault. This is a broad 
definition that covers any non-trivial physical injury (e.g., bruising). Emotional injury 
involves any severe state of anxiety, fear, depression or withdrawal by the elder. 

Neglect: The failure or refusal by a caretaker to provide one or more of the 
necessities essential for physical and emotional well-being -- such as food, clothing, 
shelter, social contact, basic hygiene and medical care. 

Caretaker defined: There are many situations in which someone may 
become the caretaker of an elderly person. In general, a caretaker 
relationship arises when it reasonably appears that the elder relies on the 
person for substantial care, whether or not the caretaker acts on a voluntary 
basis. Thus, the term includes, for example, a family member who lives with 
the elderly person and regularly cares for her, a paid nurse who does the 
same, and also a neighbor or friend who stops by regularly to provide lunch 
for the elderly person. 

Financial Exploitation: An act or omission (the failure to act) by another person 
which causes substantial monetary or property loss to an elder, or substantial 
monetary or property gain to the other person which gain would otherwise benefit 
the elderly person but for the act or omission of such other person; provided, 
however, that such an act or omission shall not be construed as financial exploitation 
if the elderly person has knowingly consented unless such consent is a result of 
misrepresentation, undue influence, coercion or threat of force; and, provided 
further, that financial exploitation shall not interfere with or prohibit a bona fide gift 
by an elderly person. 

THE OFFICERS ARE MANDATED BY CHAPTER 19A TO MAKE AN IMMEDIATE 
VERBAL REPORT TO THE EXECUTIVE OFFICE OF ELDER AFFAIRS (EOEA) OR 
THEIR REGIONAL PROTECTIVE SERVICES AGENCY (PSA). 

Practical reporting techniques: 

1. Should always first report incident to designated, local PSA; 

2. To report abuse during non-business hours — nights, weekends, 
holidays - call the state hotline number: 1-800-922-2275 V/TDD. 
Screener at hotline will convey information to the worker at the local 
PSA. If it is an emergency, a PSA worker will respond immediately. 
But remember, the hotline does not only have to be used for 



-139- 



emergencies, officers can telephone in reports of any nature during 

non-business hours. 
FOLLOWING THEIR ORAL REPORT, THE OFFICERS MUST FILE A WRITTEN 
REPORT TO EOEA OR THEIR LOCAL PSA WITHIN 48 HOURS. 

Reporting technique: Use EOEA form to facilitate written report, then send it to 
local PSA; 

Contents of report: 

Mandatory: Officers must include the following information: 

1 . Name; 

2. Approximate age of the victim; 

3. Address of abused elderly person; 

4. Nature and extent of abuse. 

Desired information: Include the following if known: 

5. Name of caretaker; 

6. Any medical treatment being given or immediately required; 

7. Any other relevant information. 

OFFICERS DO NOT FACE CIVIL OR CRIMINAL LIABILITY FOR FILING A REPORT 
UNLESS THEY ACTUALLYPERPETRATED THE OFFENSE. Furthermore, supervisors 
may not retaliate, in any manner, against employee/ reporters. 

HOWEVER, IF OFFICERS FAIL TO FILE A REPORT, THEY CAN BE SUED IN CIVIL 
COURT AND/OR PROSECUTED AND FINED UP TO $1,000. 



PROTECTIVE SERVICES RESPONSIBILITIES 

AN EMERGENCY WILL BE ASSESSED BY A CASEWORKER WITHIN 24 HOURS. 

Immediate services must be provided to alleviate the emergency condition, including 
a petition for a court order of emergency protective services if necessary. 

EMERGENCY AND NON-EMERGENCY INVESTIGATIONS WILL BE COMPLETED IN 
14 DAYS. 

Visits: Investigations involve one or more visits to the elder's residence. 

Right of refusal: Elders who are competent — that is, have the ability to understand 



-140- 



and appreciate the consequences of their decisions about protective services ~ have 
the right to refuse any investigation. 

Exceptions: However, protective services will complete the investigation in situations 
in which the elder is believed to lack the capacity to consent or where there is 
specific information that the elder is acting under duress, intimidation, threats or 
force in refusing the investigation. 

IF THERE IS REASONABLE CAUSE TO BELIEVE THAT DEATH HAS OCCURRED 
FROM ABUSE, THE PSA MUST BVIMEDIATELYREFER THE CASE TO THE DISTRICT 
ATTORNEY. 

BASED ON THE INVESTIGATION, IF THERE IS REASONABLE CAUSE TO BELIEVE 
THAT POTENTIALLY CRIMINAL ABUSE OR FINANCIAL EXPLOITATION HAS 
OCCURRED, THE PSA MUST REFER THE CASE TO THE D.A. WITHIN 48 HOURS. 

The D.A. may investigate and decide whether to initiate criminal proceedings. 

FOLLOWING ALL INVESTIGATIONS,THE PSA SHALL DEVELOP A SERVICE PLAN. 

Services typically provided by the PSA involve homemaker services, transportation and 
meals, medical and housing assistance and so forth. 

Orientation of Protective Services: Staff are sensitive to the needs of the elderly and 
make every effort to maintain elders in their own homes with appropriate and least 
restrictive services. Again, protective services respects their clients' right to self- 
determination, which means they may choose to accept or reject services. 

What Adult Protective Services Can Do For Law Enforcement: 

1. Provide assistance in emergency situations. 

2. Intervene when a physically or mentally ill person refuses to allow law 
enforcement to provide services. 

3. Assist with investigation and interrogation of physical and sexual abuse 
victims to aid in conviction of the perpetrator. 

4. Assist in securing services for chronic substance abusers. 

5. Assist in relocation when eviction of an elderly or disabled adult is 
necessary. 

6. Assist in securing services for "street people." 

7. Assist in investigation of theft of resources and property if by a 

-141- 



caretaker. 

8. Provide services and support to elderly and disabled when a caretaker 
is arrested or removed, which tends to ease the mind of law 
enforcement personnel. 

9. Assure elderly or disabled individual on probation or parole receives 
resources necessary to allow them to successfully reside in the 
community. 

10. Provide advice and support when questionable situations related to 
elderly and disabled individuals occur. 

THE PSA MUST NOTIFY OFFICERS IN WRITING WITHIN 45 DAYS OF THEIR 
REPORT TO TELL THEM ABOUT THE ACTIONS TAKEN IN RESPONSE TO THE 
REPORT. 



FINANCIAL EXPLOITATION 

Financial exploitation of the elderly can be categorized by the type of perpetrator. The 
potential criminal charges remain the same, but the circumstances of the violation, the 
nature of the investigation, and the appropriate law enforcement response will typically 
differ depending on the type of perpetrator. 

CARETAKERS: Responsible for the care of the elder, generally has a personal 

relationship. 

FIDUCIARIES: A professional with a position of trust — e.g., a lawyer, accountant. 

SCAM ARTISTS: A stranger who appears in person or over the telephone. 



-142- 




Attorney General 
SCOTT HARSHBARGER 

Law Enforcement 
Advanced Training 



TOPICS COVERED 



DEMOGRAPHICS: Presents facts to inform the audience that they will be dealing with 
more and more older people in the future. By 2020, almost one in five in the United 
States will be 65 and over, about the same percentage of older people as in Florida 
today. The implications are becoming more apparent. As the demographics of this 
country move us toward an older society, contacts between law enforcement and 
older citizens will increase, especially given the shift towards community policing. 

MYTHS AND FACTS OF AGING: Provides information that accurately portrays the 
capabilities of older people, and looks to break down certain stereotypes that people 
bring to their interactions with the elderly. Chronological age and functional age 
are not the same — about 80% of those over 65 are fully capable of carrying on 
normal life activities; 81% live with their families and are homeowners. This "real" 
picture of the elderly not only serves as the basis for greater understanding, which 
leads to more effective communication, it also underscores the importance of police 
efforts to intervene in domestic situations and to respond to financial exploitation. 

FEAR, VICTIMIZATION, AND VULNERABILITY: Discusses the sources of fear and 
vulnerability that characterize the elderly 's perceptions of and/or experience with 
crime. This section has important implications for effective crime prevention which, 
under a community policing orientation, is increasingly viewed as a department- wide 
responsibility. The training also offers insight on how to deal with the elderly 
victim/ witness. 

COMMUNICATING WITH THE UDERLY: Informs participants of teaching, interview, 
and behavioral techniques that can help them deal with the hearing and seeing 
problems experienced by some older people. Through the use of videotape scenarios, 
participants will examine common interaction failures and then observe ways to be 
more sensitive to "clues, "thus engaging in "service-oriented' 1 communication. 

THE VALUE OF SPECIALIZED TRAINING: Introduces the audience to the 
Milwaukee Study. Within the context of the elderly, this study demonstrates that the 
nature of the police response is more significant in the citizen's mind than technical 
job proficiency. By exposure to the Milwaukee experience, officers will comprehend 
the value of enhanced communication skills and be more willing to integrate these 
approaches into their work. 

-143- 



CRIMINAL Investigation: Offers a checklist approach to investigators embarking 
on an elder abuse investigation. Emphasis is placed on report writing skills and 
photographs of the scene and any injuries. Much of the material has been developed 
from techniques employed in domestic violence cases. Clearly, organized approaches 
to investigation yield positive outcomes in court. 

FINANCIAL EXPLOITATION: Examines the three categories of financial exploitation 
and the role of the police officer in preventing and investigating these kinds of crime. 
Financial exploitation is perpetrated by: (1) Caretakers, who take advantage of their 
personal relationships to misuse the elders' funds; (2) Fiduciaries, who use their 
professional position (e.g., as a lawyer or financial advisor) to divert assets for their 
own purposes; and (3) Scam Artists, who are strangers to the elderly victims they 
swindle through the use of various fraud schemes. Beyond familiarity with these 
categories, participants will learn important investigative steps as well as approaches 
they might employ to educate the public. 

THE ELDER ABUSE REPORTING LAW AND WORKING WITH PROTECTIVE 
SERVICES: Covers the fundamental relationship between law enforcement and local 
protective service workers — mandated reporting requirements, the nature of the 
protective services investigation and family intervention. 

DOMESTIC VIOLENCE AND CHAPTER 209A: Reviews the whole panoply of laws 
concerning domestic violence — restraining orders, mandatory arrest, civil liability 
concerns and so forth — within the context of the elderly victim. Increasingly, a 
greater percentage of these calls involve elderly victims. The police function can 
become all the more complicated when, as is often the case, elderly victims oppose 
police intervention because they fear that removing the abusive caretaker will result 
in their being institutionalized. 

MENTAL HEALTH ISSUES AND CHAPTER 123: Analyzes Chapter 123 from the 
street officer's and supervisor's perspective. Officers know that being an effective 
community presence means more than enforcing laws, but they are concerned about 
being sued and unsure of their authority in mental health matters. Increasingly, 
elders are finding themselves in abusive situations caused by their mentally ill 
caretakers. In these instances, officers may employ Chapter 123 to good advantage. 
Aside from elder cases, Chapter 123 applies in a myriad of situations and, as a 
consequence, is an essential body of knowledge for any officer. 

MISSING POISONS AND ALZHEIMER'S DISEASE: Looks at the characteristics of 
elderly wanderers and advocates an immediate response that enlists the support of 
local agencies. 

CASE STUDY PANELS: Presents a series of case studies where officers and 
protective service workers will have the opportunity to interact and discuss their 
respective roles and responses. There will also be the opportunity to apply the 
knowledge gained during the seminar. This format will likely stimulate discussion 
on other issues of mutual concern and has proven, in other trainings, to be a 
valuable and enjoyable exercise for participants. 



-144- 



Attorney General 
SCOTT HARSHBARGER 

Law Enforcement 
Advanced Training 




SCHEDULE 

The Elderly Protection Project will hold sixteen (16) regional, two-day,advanced law 
enforcement trainings. The Attorney General is pleased that Secretary Frank Ollivierre 
and staff from the Executive Office of Elder Affairs and its local protective services agencies 
will participate in and help to present the trainings. 

The schedule below indicates training dates and the participating protective service 
agencies and police departments from the corresponding cities and towns. 



SEPTEMBER 22-23, 1993 

Montachusett Home Care Corporation 

Ashburnham, Ashby, Aver, Berlin, Bolton, 
Clinton, Fitchburg, Gardner, Groton, 
Hubbardston, Lancaster, Lunenberg, 
Leominster, Pepperell, Princeton, Shirley, 
Sterling, Templeton, Townsend, 
Westminster, Winchendon 



OCTOBER 6-7 

Elder Services Of Berkshire County, Inc. 

Adams, Alford, Becket, Cheshire, 
Clarksburg, Dalton, Egremont, Florida, 
Great Barrington, Hancock, Hinsdale, 
Lanesborough, Lee, Lenox, Monterey, 
Mount Washington, New Ashford, New 
Marlborough, North Adams, Otis, Peru, 
Pittsfield, Richmond, Sandisfield, Savoy, 
Sheffield, Stockbridge, Tyringham, 
Washington, West Stockbridge, 
Williamstown, Windsor 



OCTOBER 20-21 

Baypath Senior Citizens Services, Inc. 

Ashland, Dover, Framingham, Hiflb«a>n, 
Hopkinton, Hudson, Mar?bc!>i*jgh, 

Natick, Northborough, Sheibcrn, 
Southborough, Sudbury, W«*y:i?id, 

Westbo rough 

Tri-Valley Elder Services, Inc. 

Bellingham, Blackston, LtMMU-wid, 
Charlton, Douglas, Dudley, East 
Brookfield, Franklin, Hopedale, Medway, 
Mendon, Milford, Millville, Northbridge, 
North Brookfield, Oxford, Southbridge, 
Spencer, Sturbridge, Sutton, Upton, 
Uxbridge, Warren, Webster, West 
Brookfield 



OCTOBER 27-28 

Elder Services Of Cape Cod and The Islands, Inc. 

Barnstable, Bourne, Brewster, Chatham, 
Chilmark, Dennis, Eastham, Edgartown, 
Falmouth, Gay Head, Harwich, Mashpee, 
Nantucket, Oak Bluffs, Orleans, 



-145- 



Provincetown, Sandwich, Tisbury, Truro, 
W ell fleet. West Tisbury, Yarmouth 



NOVEMBER 3^ 

Elder Home Care Services Of The Worcester Area, 
Inc. 

Auburn, Barre, Boylston, Grafton, 
Hardwick, Holden, Leicester, Millbury, 
New Braintree, Oakham, Paxton, Rutland, 
Shrewsbury, West Boylston, Worcester 



NOVEMBER 15-16 

Health And Education Services, Inc. 

Dan vers , Marblehead, Middleton, Peabody , 
Salem 

Senior Home Care Services, Inc. 

Beverly, Essex, Gloucester, Hamilton, 
Ipswich, Manchester, Rockport, Topsfield, 
Wenham 

Greater Lynn Senior Services, Inc. 

Lynn, Lvnnfield, Nahant, Saugus, 
Swampscott 



DECEMBER 1-2 

Western Massachusetts Elder Care 

Belchertown, Chicopee, Granby, Holyoke, 
Ludlow, South Hadley 

Greater Springfield Senior Services, Inc. 

Agawam, Brimfield, East Longmeadow, 
Hampden,Holland,LongmeadowMonson, 
Palmer, Springfield, Wales, West 
Springfield, WUbraham 



DECEMBER 8-9 

Coastline Elderly Services, Inc. 

Acushnet, Dartmouth, Fairhaven, Gosnold, 
Marion, Mattapoisett, New Bedford, 
Rochester 



Bristol Elder Services, Inc. 

Attleboro, Berkley, Dighton, Fall River, 
Freetown, Mansfield, North Attleborough, 
Norton, Raynham, Rehoboth, Seekonk, 
Somerset, Swansea, Taunton, Westport 



JANUARY 19-20, 1994 

Boston Senior Home Care 
Central Boston Elder Services, Inc. 
Southwest Boston Senior Services 

All of the neighborhoods and areas of 
Boston 



JANUARY 26-27 

Chelsea/RevereAVinthrop Elder Services 
Chelsea, Revere, Winthrop 



FEBRUARY 9-10 

Health & Social Services Consortium, Inc. 
(HESSCO) 

Canton, Dedham, Foxborough, Medfield, 
Millis, Norfolk, Norwood, Plainville, 
Sharon, Walpole, Westwood, Wrentham 

South Shore Elder Services, Inc. 

Braintree, Cohasset, Hingham, Holbrook, 
Hull, Milton, Norwell, Quincy, Randolph, 
Scituate, Weymouth 



FEBRUARY 23-24 

Minuteman Home Care Corporation 

Acton, Arlington, Bedford, Boxborough, 
Burlington, Carlisle, Concord, Harvard, 
Lexington, Lincoln, Littleton, Maynard, 
Stow, Wilmington, Winchester, Wobura 

West Suburban Elder Services, Inc. 

Belmont, Brookline, Needham, Newton, 
Waltham, Watertown, Wellesley, Weston 



-146- 



MARCH 16-17 

Somerville-Cambridge Elder Services, Inc. 

Cambridge, Somerville 

Mystic Valley Elder Services, Inc. 

Everett, Maiden, Medford, Melrose, North 
Reading, Reading, Stoneham, Wakefield 



APRIL 6-7 

Highland Valley Elder Services 

Amherst, Blandford, Chester, Chesterfield, 
dimming ton, Easthampton, Goshen, 
Granville, Hadley, Hatfield, Huntington, 
Middlefield, Montgomery, Northampton, 
Pelham, Plainfleld, Russell, Southampton, 
Southwick, Tolland, Westfield, 
West ham p ton , Williamsburg , Worthington 

Franklin County Home Care Corporation 

Ashfield, Athol, Bernardston, Buckland, 
Charlemont, Colrain, Conway, Deerfield, 
Erring, Gill, Greenfield, Hawley, Heath, 
Leverett, Ley den, Monroe, Montague, New 
Salem, Northfieid, Orange, Petersham, 
Philipston, Rowe, Royalston, Shelburn, 
S hut es bury, Sunderland, Warwick, 
Wendell, Whatley 



APRIL 20-21 

Old Colony Elder Services, Inc. 

Abington, Avon, Bridgewater, Brockton, 
Carver, Duxbury, East Bridgewater, 
Easton, Halifax, Hanover, Hanson, 
Kingston, Lakeville, Marshfield, 
Middleborough, Pembroke, Plymouth, 
PlymptonJlockland,Stoughton,Wareham, 
West Bridgewater, Whitman 



MAY 18-19 

Elder Services Of The Merrimack Valley, Inc. 

Amesbury, Andover, Billerica, Boxford, 
Chelmsford, Dracut, Dunstable, 
Georgetown, Groveland, Haverhill, 
Lawrence, Lowell, Merrimac, Methuen, 
Newbury, Newburyport, North Andover, 
Rowley, Salisbury, Tewksbury, 
Tyngsborough, Westf ord, West Newbury 




FOR MORE INFORMATION ON HOW 




YOU OR YOUR DEPARTMENT CAN 




PARTICIPATE, CALL: 




THE ELDERLY PROTECTION PROJECT 




: (617) 727-2200, ext 2889 




and ask to speak with 




Jennifer Bonner, Project Assistant 


or write to: 




The Elderly Protection Project 




Office of the Attorney General 




One Ashburton Place 




Boston, MA 02108-1698 





-147- 




Unique Aspects 

of Violence in Teen Dating Relationships 



I he power differential between younger boys and girls may not be as strong as when they are 
older (14+), when physical and social power imbalances between men and women become more 
pronounced. In early adolescence, neither may possess the capability to physically dominate the 
other. Therefore, incidents of girls using physical abuse against boys probably occur in more equal 
numbers at earlier ages. Although some girls do continue to use violence, more often they leam 
that they are at an increasing disadvantage if they continue this response. 

simultaneously, of course, socialization influences on girls tend to reinforce submission to males 
in other aspects of life as well. 

Uue to lack of experience, teens may be especially susceptible to the sex-roles presented in society 
which are overwhelmingly stereotypical and not equalitarian models. Indeed, teens may feel more 
confusion than adults about all kinds of appropriate behavior in intimate relationships due to lack 
of experience and confused messages from society regarding sexual behavior, decision-making, 
birth control, etc. This may contribute to a girl's inability to judge if her boyfriend's abusive 
behavior is the norm or out of line. The isolation which results from abuse makes it even more 
difficult for her to compare her experience with others. 

Kelationships which are perceived as significant by teens may be much shorter-sometimes 
lasting only a few months-than adult relationships. However, at this developmental level, teen re- 
lationships are perhaps experienced as intensely as adult relationships. 

I he victim is often unable to avoid the abuser because they attend the same school. This fact 
increases her fear and sense of entrapment. 

many teens resist seeking help from their parents and other adults, especially authority figures 
like the police or court officers. At this developmental stage, teens are typically struggling for inde- 
pendence and want to solve problems themselves or with their peers. They fear, rightly or 
wrongly, that if told of the abuse, their parents would curtail their newly-gained independence 
and control future decisions about their relationships or other aspects of their lives. 

Adults have legal options for protection which may be unavailable to teens or possible only if 
their parents or guardians are involved in the action. This is a barrier for many teens who resist 
telling their parents about the abuse. 

In some situations, the relationship is ended after an abusive intervention by peers. For instance, 
friends or brothers of the girl may beat up the abusive boyfriend or wam him to leave her alone. 
This kind of intervention may protect the immediate victim, but probably does little to change the 
abuser's behavior in future relationships. 

Used with permission from 

The Curriculum Project; The Minnesota Coalition Against Domestic violence 

570 Ashbury Street, St. Paul, MN 55104 

(612)646-6177 



-148- 



Recognizing the 

Early Warning Signs for Victims 



As adolescents, boys and girls are forming their first conclusions about what to expect and accept 
in intimate relationships. Teenagers may be predisposed to accept physical violence because of 
their exposure to it in their homes (either as victims or witnesses) or in the media. Given this early 
learning, it is critical for school personnel to recognize and respond to the early warning signs. Th« 
following are common clues that a student may be experiencing dating violence or date rape. 

Physical bruises or other signs of injury 

Bear in mind that victims will often attempt to hide their injuries due to embarrassment. Be alert tc 
sudden changes in dress or make-up, as well as explanations of injuries which seem out of charac 
ter. 

Truancy, failing, withdrawal from activities, dropping out of school 

An abusive relationship drains the victim of energy. The energy she still has is spent trying to 
make things right for him. 

Sudden or increased social isolation. 

Due to shame or jealous accusations on the part of her violent boyfriend, the victim will withdraw 
from friends and become increasingly isolated. 

Difficulty making decisions 

Victims may appear anxious about making independent decisions because they must continuously 
"get permission" from their boyfriends. Another sign is the victim's avoidance of eye contact. 

Sudden changes in mood or personality 

These changes may include depression, withdrawal, acting out, secretiveness, increased insecurity 
or feelings of inadequacy, anxiousness, preoccupation with her boyfriend. 

Use of alcohol or drugs. 

This may be in response to direct pressure from her boyfriend or an attempt to numb her pain or 
emotional ambivalence about the relationship. 

Pregnancy 

Many teenaged girls feel pregnancy will help them get out of a bad situation. Over 70% of preg- 
nant or parenting teens are beaten by their boyfriends. Pregnancy significantly increases the risk of 
violence in teenage relationships. 

Crying easily; getting 'hysterical' or overreacting to minor incidents 

The victim who lives in fear of another incident is living under extreme tension. She is constantly 
trying to second-guess her boyfriend's moods in her attempt to avoid his violence. Reacting to this 
stress, she may explode or become hysterical in response to something minor (for example, 
screaming when asked why she is late for class). 



-149- 



Recognizing the 

Early Warning Signs for Perpetrators 

Young men who physically or sexually assault their girlfriends don't often fit our common stere- 
otype of the bully or "macho" man. There are literally all types of perpetrators. Some are loudly 
aggressive, while others are quite passive in public. Some are gregarious, while others are "lon- 
ers." Many are attractive and popular model students from model families. Often the victim is not 
believed when she reports that her boyfriend has abused her since violence doesn't fit the picture 
that others have of him. It is important for school personnel to look beyond students' academic 
and social reputations when they investigate reports of physical or sexual abuse. 

The victim or her friend report abuse or threats 

Remember, there are all types of victims too. Some lack credibility because they have a worse 
reputation than their boyfriends or dates. This is a common problem for rape victims. Don't be 
swayed by public image. 

Alcohol or drug use 

Some perpetrators rely on alcohol or drugs to release them from their normal inhibitions or to give 
them the "courage" to become more aggressive toward their girlfriends. Alcohol and drug use is 
sometimes used in gang rapes to help perpetrators "forget the rules" or to ply the victim. 

Possessive or jealous behavior toward girlfriend 

Whether in public or private, possessiveness and jealous accusations often precede and follow 
violence. The abusive boyfriend will often attempt to socially isolate his girlfriend by "forbidding 
her" to see or talk to others or by making frequent accusations of infidelity which force her to limit 
her social life in order to appease him. 

Involvement with younger girls (or boys) 

Boys who habitually date girls who are much younger do so because they feel they can be more 
dominant than when the girl is the same age or older. 

Harassment or threats toward girlfriend or former girlfriend 

Failure to accept the breakup of a relationship is a common indicator of physical abuse. Often, girls 
are abused or threatened when they try to end the relationship. 

Suicide attempts or threats of suicide over a relationship 

Suicidal gestures or threats can be intended to manipulate the girlfriend into remaining in the 
relationship. In some cases, they can be accompanied by physical abuse or threats of homicide. 

Marked changes in mood or personality 

Extreme agitation, depression, social withdrawal, or aggressiveness can be tip-offs to relational 
conflict or violence. 

Fights with other boys over girlfriend 

This can indicate a pattern of jealous accusations or possessive control toward his girlfriend. He 
may be constantly monitoring her interactions with other boys, even after they have broken up. 

Pressuring girls for dates or sex 

Boys who use coercive tactics to win dates are likely to be abusive in order to maintain the rela- 
tionship. Getting angry when a girl refuses to go out is one sign of this. Other tactics include 
threats, uninvited touching or sexual advances, social ridicule, grandiose promises, and refusal to 
accept "no" for an answer. Intense preoccupation with going out with a particular girl or with 
having sex are potential indicators of physical abuse. 



-150- 



Public displays of anger or ridicule toward women 

These may include frequent or loud pronouncements of scorn toward a particular woman or 
toward women in general. They may also include sexual harassment of women, ranging from 
making suggestive sexual comments or gestures to uninvited touching or grabbing. As common as 
such behaviors are for adolescent males, they often indicate real problems in respecting and 
relating to women. 



Many of the above warning signs are common male behaviors. This may lead school personnel to 
ignore them or downplay their significance. However, the prevalence of such behaviors does not 
reduce their significance as predictors of violence and other problems. Even if they are not accom- 
panied by violence, these are controlling behaviors which will hinder the development of trust and 
respect between girls and boys, whether in intimate or social relationships. All of the above 
behaviors are manifestations of common social attitudes which deserve to be addressed on the 
social as well as the individual level. 



-151- 



[" "iT L -. ■•:!" 



i rmJ\ r'mlifiifii 



T^ 7 ^- 



Not So Diffe rent, After A ll 

Justice: The trials of gay domestic violence 



while, is in jail on unrelated charges that 
she butchered a dog and threatened a 
neighbor and police; Peterson has pleaded 
not guilty. Celia waits and wonders, still 
shocked and grieving. "I can't understand 
why Laura didn't get away from that situa- 
tion." she says. "You can see it with men 
fighting each other. I can't fathom this." 

'This" has been called the second closet. 
Talking about domestic violence in lesbian, 
as well as gay. relationships has long been 
considered taboo in those communities — 
lest their discussion spark more homopho- 
bia in society. "In a sexual minority, there's 
always resistance to airing dirty laundry." 
says Terry Person, program director of San 
Francisco's Community United Against Vi- 
olence. That may be especially true for les- 
bian activists. "It messes up their rhetoric." 
says Sandy Lundy, a Boston lawyer. "It 
makes you see domestic violence as an is- 
sue of power, not gender." 

Fewer resources: There aren't many 
places to turn for aid. Lesbians often don't 
feel welcome at shelters set up for battered 
heterosexual women. Gay men have even 
fewer resources. In Boston, the Victim Re- 
covery Program at the Fenway Community 
Health Center was established seven years 
ago for victims of gay-bashing. Now half the 
phone calls concern domestic violence. 

The law often is of little help. A recent 
study found that same-sex couples in nine 
states cannot get a restraining order against 
a batterer. In other states, existing domes- 
tic-violence laws may not be as strictly en- 
forced. "When lesbians are involved." says 
Claire Renzetti, a sociologist at St. Joseph's 
University in Philadelphia, law-enforce- 
ment officials "think of it like a cat fight or 
two women going at it." In the courtroom, 
lesbian defendants tend not to invoke the 
"battered women's defense" that has been 
used successfully to defend heterosexual 
women. The problem: they would have to 
acknowledge their homosexuality, which 
could prejudice a jury. 

The legal system may also have a difficult 
time distinguishing victim from aggressor 
in same-sex abuse cases — unlike heterosex- 
ual relationships, where 95 percent of bat- 
terers are male. Physical attributes can be 
misleading in investigating same-sex vio- 
lence, particularly for lesbians. "If one of 
them is taller or heavier, somebody's going 
to be painted as a butch and somebody's 
going to be painted as a femme," Lundy 
says. And sometimes, somebody's going to 
be painted dead. 




THERESEM BREEN 



Happier times: Venable at a gay parade 

CELIA VENABLE KNEW THAT HER 
daughter Laura was a lesbian. Over 
the years she had met and liked several 
of Laura's lovers. But her last one, Roseann 
Peterson, left Celia very upset. As she re- 
calls it now. Celia saw the women fight— 
and well remembers Laura's black eyes, 
broken nose and shattered finger. When 
Laura and Peterson visited Rogue River. 
Ore., last Christmas. Celia threatened Pe- 
terson. Laura got mad— and afraid. "Now 
look what you've done." Laura told her 
mother. "I have to go home with her." Lau- 
ra did. Five months later her decayed body 
parts were found in a wicker basket in a 
field near the apartment she shared with 
Peterson in Vallejo. Calif. Laura Venable 
had been decapitated. 

Prosecutors say Peterson confessed to 
the crime and explained that Laura pro- 
voked it by hitting her with a baseball bat 
during a nap. Peterson pleaded not guilty. 
But before a trial could be held, a judge 
ruled that police had violated Peterson's 
Miranda rights and threw out the confes- 
sion. Prosecutors had to drop the case and 
detectives are now trying to collect other 
evidence to implicate her. Peterson, mean- 



Patricia King in San Francnco 



-152- 



IS LESBIAN BATTERING THE SAME AS STRAIGHT BATTERING? 

How lesbian battering is similar 
to battering in heterosexual relationships 

1. No one deserves to be abused. 

2. Abuse can be physical, sexual, verbal behavior to coerce or 
humiliate, emotional or psychological. 

3. Abuse often occurs in a cycle fashion. 

4. Abuse can be lethal. 

5. The purpose of the abuse is to maintain control and power over 
one's partner. 

6. The abused feels alone, isolated, afraid and usually convinced 
that the abuse was somehow her fault or could have been 
avoided if only she had known what to do. 

How lesbian battering is different from heterosexual battering: 

1. Lesbians who have been abused have much more difficulty 
finding appropriate support than straight women. 

2. The myth prevails that lesbians abuse must be "mutual." No 
one assumes straight abuse is mutual. 

3. Utilizing existing services is tantamount to "coming out" and 
a major life decision. 

4 . Support services and friends often minimize lesbian violence 
for several reasons — because the lesbian community doesn't 
want to destroy the myth of a "lesbian Utopia", because the 
battered woman's movement doesn't want to destroy their myth 
of "all violence is caused by men", because it is easy to* fall 
into the trap of assuming that the size of a person has 
anything to do with battering. 

5. To complain about lesbian abuse is to reinforce the stereotype 
that lesbians are "sick." No one would claim straight 
relationships in general are mentally unstable because there 
is sometimes abuse. 

6. Lesbians have to face not only the sexist culture, but also a 
homophobic one as well. A woman of color must face sexism, 
homophobia, and racism! 

7. Lesbian survivors may know few or no other lesbians; leaving 
the abuser could mean total isolation. 

8. Lesbians usually aren't as tied financially to their partners 
as are straight women. 

9. The lesbian community is small, and in all likelihood everyone 
the survivor knows will soon know of her abuse. 

-153- 



VIOLENT AND COERCIVE BEHAVIORS UTILIZED IN 

LESBIAN BATTERING 



PHYSICAL 



Assaults with weapons — guns, knives, whips, tire irons, 
cars, tent poles, high-heeled shoes, chair legs, broken bottles, 
pillows, cigarettes, poison. 

Assaults with the batterer's own body — biting; scratching; 
kicking; punching; stomping; slapping; throwing down stairs; 
smashing eye glasses on the face of the victim; locking the victim 
in a closet or utilizing other confinement; tickling until loss of 
breath or panic. 

SEXUAL 

Rape; sex on demand; sexual withholding; weapons utilized or 
threatened sexually; forced sex with others; involuntary 
prostitution; coercing monogamy or nonmonogamy; denying 
reproductive freedom; physical assaults during sexual encounters; 
sexually degrading language. 

THREATS 

Threats to commit physical, sexual or property; destruction; 
threats of violence against significant third parties; stalking, 
harassment. 

ECONOMIC CONTROL 

Control over income and assets of partner; property 
destruction; interfering with employment or education; economic 
fraud; purchase of valuable assets in the name of the batterer 
only; using credit cards without the partner's permission; not 
working and requiring the victim to support the batterer. 

PSYCHOLOGICAL OR EMOTIONAL ABUSE 

Humiliation, degradation; lying; isolation; selection of 
entertainment/ friends/ religious experience; telling the partner 
that she is crazy, dumb, ugly; withholding critical information; 
selecting the food the partner eats; bursts of fury; pouting or 
withdrawal; mind manipulation. 

HOMOPHOBIC CONTROL 

Threatening to tell family, friends, employer, police, church 
community, etc., that the victim is a lesbian if she does (or 
doesn't) . . . ; telling the victim she deserves all that she gets 
because she is a lesbian; assuring her that no one would believe 
she has been violated because lesbians are not violent; reminding 
her that she has no options because the homophobic world will not 
help her. 

Excerpted from "Lesbian Battering: An Examination: by Barbara Hart 
in Naming the Violence: Speaking Out About Lesbian Battering . 
Kerry Lobel, ed. , Seal Press, 1986. 

-154- 



Supplemental Materials 




^oAton,, <^S$ 02408-4698 



SCOTT HARSHBARGER 
ATTORNEY GENERAL 

(617)727-2200 LX)MESTIC VIOLENCE FACTS 

* In Massachusetts, on average, a woman was killed by her 
batterer every 22 days in 1990, every 16 days in 1991, every 13 
days in 1992, and as of May 21, 1993, a woman was killed by her 
abuser every 14 days (Massachusetts Department of Public Health) 

* In Massachusetts, between September 7, 1992 and August 2, 1993, 
44,183 domestic violence restraining orders were issued to 
40,147 defendants (Massachusetts Department of Probation). 

* , National surveys indicate that at least 2 million women per year 

are severely assaulted by their male partner (Straus and Gelles, 
1990) . 

* From 1976 through 1987, the deaths of approximately 38,648 
people over the age of 15 resulted from one partner killing 
another. Of these deaths 61% of the victims were women killed 
by their husbands or boyfriend, and 39% were men killed by women 
partners (Browne and Williams, in press) . 

* According to FBI Uniform Crime Reports data on homicides that 
occurred in the U.S. between 1976 and 1987, more than twice as 
many women were shot and killed by their husband or intimate 
acquaintances than were murdered by strangers using guns, knives 
or any other means (Kellerman et al . , 1992). 



i 



In a national survey over half of the males who were violent 
toward female partners also abused their children (Finkelhor, et 
al. , 1983) . 

In the United States women are more at risk to be assaulted and 
injured, raped, or killed by a current or ex-male partner than 
by all types of assailants combined (Finkelhor and Yllo, 1985; 
Browne and Williams, 1989) . 

, Abused women make up approximately 22 - 3 5% of women presenting 
with injury to hospital emergency rooms (Randall, 1990). 

About 3 million children each year witness abuse of one parent 
by another (Robert S. Pynoos, M.D., U.C.L.A. School of Medicine) 

Violence by intimate partners is the leading cause of injury for 
women, "responsible for more injuries than car crashes, rape, 
and muggings combined" (Stark and Flitcraft, 1981) . 

. Abuse of pregnant women is the leading cause of birth defects 
and infant mortality (March of Dimes study) . 



-155- 



RESTRAINING ORDERS FOR 
VICTIMS OF DOMESTIC VIOLENCE 



Each year about 2 million 
women are severely assaulted 
by their male partners. The abuse 
is usually repetitive and increases 
in frequency and severity over 
time. Despite laws specifically 
aimed at curbing abuse, the crimi- 
nal justice system has been inade- 
quate in protecting domestic 
violence victims from their 
abusers. After charges are filed, it 
may take months for a domestic 
violence case to come to 
trial — and the criminal 
courts offer no protection 
to the victims of abuse in 
the interim. 

Civil restraining orders 
allow a victim to get court- 
ordered protection from 
an abuser within a day or 
two of an incident by filing 
a sworn statement that the 
violence has occurred and 
that she has reason to fear 
continued abuse. If the 
judge finds that violence 
occurred, an emergency 
order is issued immediate- 
ly. A full hearing, follow- 
ing notification of the 
abuser, is scheduled with- 
in two or tliree weeks. The 
emergency order man- 
dates that the abuser have 
no contact with the victim 
and usually requires the ■■■■■ 
abu>tT to vacate the home. 

Besides forbidding contact 
between the victim and perpetra- 
tor or abuse, restraining orders 
can give abase victims and their 
children other protections. The 
standard order used in Colorado, 
for example, can award temporary 
care and c*ntroi of minors to 
either party, and specify visitation 
limits in ca^es wheie care and con- 
trol have been awarded. 

C'.vil restraining orders may be 



used instead of, or in combination 
with, criminal prosecution. The 
potential advantages arc that civil 
orders provide much faster access 
to the courts than criminal proce- 
dures, and the lower standard of 
proof and the absence of criminal 
penalties significantly reduce the 
court time required to hear the 
case. The victim may not want the 
abuser prosecuted; her goal is 
often just to get the abuse to stop. 




Approximately one-third to one-half of all homeless women are 
fleeing domestic violence. 



The use of these orders assumes 
that they are effective in protecting 
victims, yet reviews of state prac- 
tices indicate that the police often 
do not know about restraining 
orders or will not enforce them. 
judges have questions about the 
type or restrictions to place on the 
abuser and the effects on the vic- 
tim, children, and abuser. How 
should courts respond to reported 
violations'' Should judges become 
-156- 

THEL'RP AN INSTITUTE 



concerned when women who arc 
granted temporary order> do not 
return to court to seek permanent 
orders? 

Urban Institute senior research- 
er Adele Harrell and colleagues 
Barbara Smith and Lisa Newmark 
studied a sample of 350 domestic 
violence cases in Denver and 
Boulder, Colorado, involving 
women who sought court restrain- 
ing orders because of abuse by 
current or former spouses 
or boyfriends. They inter- 
viewed the women three 
months after a temporary 
order was issued, and 
again nine months later — 
one year after the original 
order — to obtain lnforma- 
bon about the nature of the 
abuse and the response of 
the police and courts to 
violations. The women's 
reports of protection order 
violations were augmented 
by a search of court and 
police records for incidents 
during the year after the 
order. A sample of 142 
men named in restraining 
orders were interviewed 
about the effects of the 
order and anticipated con- 
sequences of violations. 
The researchers also 
■■■■ observed court and police 
procedures and inter- 
viewed criminal justice system 
personnel. Their findings: 

• Restraining orders were request- 
ed by women facing serious and often 
repeated threats to themselves or their 
children. Forty percent of the 
women suffered physical injurv 
during the incident that led them 
to court The most frequently 
reported violent acts included 
punching, kicking, or hitting (28'",); 
grabbing, pushing, or shoving 



.• p.. 



!'.1 



r _,., 



(32%); choking or strangling 
(11%); and Mapping (12%). Many 
women were subjected to terrify- 
ing threats such as threats to kill 
(31%), threats of bodily harm 
(26%), threats to take or harm the 
children (17%), and destruction of 
property (16%). 

The average number of differ- 
ent acts of abuse these women 
experienced in the year beiore 
seeking the order was about 13. 
Overall, 77 percent of the petition- 
ers reported at least one act of 
severe violence, 87 percent report- 
ed a less serious violent act. 69 
percent reported threats or prop- 
erty damage, and 96 percent 
reported other psychologically 
abusive acts of manipulation or 
intimidation — all prior to the inci- 
dent that led to court. Seventy 
percent of the women said chil- 
dren had been present during at 
least one incident. 

• Sixty percent of the women who 
received temporary protection orders 
stated that their partner violated the 
order within a year. These viola- 
tions ranged from unwanted 
phone calls or visits to severe 
abuse. The history of abuse in the 
year prior to the event that 
prompted the restraining order 
predicted the risk of violation of 
the order. More serious prior 
abuses foreshadowed more seri- 
ous violations 

A second powerful predictor of 
later violation of the order was the 
abuser's resistance during the 
hearing Men who objected to the 
restraining order were three to 
four times as likely to violate it— 
with risk increasing with the num- 
ber of objections. Also, women 
with children were more likely to 
experience continued problems 
with their abusers. 

• Calls to the police to report pro- 
tection ordt-r violations were high, but 
arrests and court hearings were ram. 
despite a law making order violation* 
a crime. Although women rated 
the police highly for their 
response to the incident that led to 
the tempoury order, they were 
dissatisfied with police response 
to order violations. Despite a 



Colorado law that makes violation 
of a restraining order a criminal 
act, no arrest was made for 80 per- 
cent of reported violations. 

• Getting a temporary order of 
protection was easier in many 
respects than gctttng a permanent 
order In both Boulder and 
Denver, help was available for fill- 
ing out torms and court fees were 
waived for the indigent. Other 
barriers remained, however, 
including logistical difficulties in 
scheduling cases. Of those who 
obtained temporary orders, 40 
percent did not return for perma- 
nent orders. The reason given 
most often was that the man 



"Forty percent of the 
women [requesting 
restraining orders] suf- 
fered physical injury 
during the incident that 
led them to court" 



stopped bothering the com* 
plamant. at least temporarily. But 
more than 40 percent of those who 
did not return for permanent 
restraining orders said they were 
unable to get the temporary order 
served on their partner. 

• Both men and women were con- 
fused about the contents of orders. 
Researchers found that the judges 
took the hearings seriously and 
listened to the women's requests, 
but they generally relied on stan- 
dard forms and did not personal- 
ize the conditions of the order. 
This caused confusion about the 
content of the order and few 
orders spelled out specifics. 

For example, few women 
understood that they could return 
to court and apply for an exten- 
sion to get a temporary order 
served More than one-third of 
the women reported that pressure 
from the man or fear of retaliation 
caused her to drop the petition, 
not realizing that coercing the 



women to drop the order is pro- 
hibited Some women did not 
realize they could return to court 
•to seek a violation hearing 

More than four-titths of the 
men claimed they obeyed all the 
conditions, yet nearly a fifth said 
they tried to talk their parmer out 
of getting a permanent order— 
they tried to "work things out " 
Some parties did not understand 
the no-contact clause, believing it 
meant only that they should not 
unduly bother the complainant. 

• Training and more research arc 
needed to help courts respond effec- 
tively to requests for restraining 
orders. The researchers suggest 
that judges might spend time in 
the heanng explaining steps the 
woman can take if she is being 
pressured by the man to not get a 
permanent order, and judges 
might make it clearer during both 
temporary and permanent hear- 
ings that women can return to 
court to report violations. 

Judges responsible for hearing 
petitions for restraining orders 
should receive training in the 
dynamics of domestic violence, 
the effects of civil orders of protec- 
tion, and the types of conditions 
courts may impose. A study of 
the impact of specifically tailored 
orders is an important area for 
further research. 

When women are faced with 
barriers to relief from abuse, 
judges should be urged to rethink 
their traditional role and coordi- 
nate the efforts of other agencies 
to help abused women. They can 
also work with probation depart- 
ments, where relevant 

Effective judicial responses also 
need the support of appropriate 
law enforcement. Police officers 
need training in the history of 
abuse commonly associated with 
these orders and the correct 
response to violations. 



Set "Court Processing ant int Effects of 
Restraining Orders for Domestic Violence 
Victims." fry Adrte Horrttl. Bsroan Smith, and 
Usa fievmark. May !99i. available from the 
RocBrcfc Paper Sates Office for SUM. 



THE URBAN INSTITUTE / Policy anJ Rncsrch Rtrvn /Summer 1«91 



-157- 



Identifying the 

Assaultive Husband 

in Court: 

You Be the Judge 

by David Adams. M.Ed. 



David Adams is Co-founder and Presi- 
dent of Emerge: A Mens Counseling Ser- 
vice on Domestic Violence. He is a na- 
tionally known expert on counseling 
assaultive husbands. 



JLncm 



ividual and institutional suppres- 
sion of the truth frequently run parallel 
courses in history. Even when the truth 
is not actively suppressed, it is some- 
times resisted because of the low status 
of its tellers. Such is the case with wife 
abuse. The ability of individual perpe- 
trators to conceal or justify their violence 
has been facilitated by a crim inal justice 
system that has historically ignored or 
blamed the battered woman (Taub k. 
Schneider. 1982; New York Task Force 
on Women in the Courts. 1986). But the 
criminal justice system is not alone in 
letting the abusive man off the hook. 
The downplaying of domestic violence 
and the tendency to blame victims have 
been well documented among social ser- 
vice providers, medical personnel. 
clergy, and the media (Schechter. 1982). 
Too often, those who are in a position 
to intervene have failed to educate them- 
selves about wife abuse. Biased precon- 
ceptions about men and women have 
impaired nearly everyone's ability to 
identify wife abuse and consequently, 
our ability to hold abusers responsible 
for their violence. Even our questions 
betray a preoccupation with the victims 
choices and responsibilities rather than 
those of the perpe t rator. We ask. "Why 
does she put up with it? " rather than 
"Why does he beat her7" Finding the 
truth means moving beyond popular 



stereotypes and learning to ask the right 
questions. Court officers must be espe- 
cially careful to ask plaintiffs whether 
they fear potential reprisals from the 
defendant in reporting domestic 
assaults. 

As frightening as domestic abuse is, 
the experience of publicly disclosing it 
has been compared to stepping off a cliff. 
Disclosure not only puts the battered 
woman at greater risk for retribution 
from her abuser but it also severely jeo- 
pardizes her social and economic secu- 
rity. Research shows that, far from being 
irrational, these fears are well-founded. 
Women are most likely to be murdered 
while attempting to report abuse or to 
leave an abusive relationship (Sonkin. 
1985; Browne. 1987). Many battered 
women report that their husbands have 
repeatedly threatened to kill them if they 
call the police or attempt to leave. Those 
who treat the abusive man confirm that 
the violence often escalates once the 
woman attempts to end the relationship. 
The abuser's threats of continued physi- 
cal abuse are often accompanied by eco- 
nomic threats. These commonly include 
threats to withhold child support and to 
sabotage her job plans. Some men make 
threats that are specific to the children, 
exploiting their wives fears of losing the 
children once they report domestic abuse. 

Most battered women's fears about 
calling the police or seeking court pro- 
tection are logical reflections of her past 
experience with her abusive spouse. 
What appears from the outside as an 
irrational pattern of "crying wolf," 
becomes much more understandable 
when one identifies the specific scare tac- 
tics of the abuser. These, combined with 
inconsistent and sometimes hostile re- 
sponses from the criminal justice system 
reinforce the battered women's fears that 
there is no real escape from the abuse. 

Characteristics of the Abusive Husband 
The following descriptive profile of the 
abusive husband is provided to help 
criminal justice workers become more 
sensitive to the concerns of battered 
women and more knowledgable (and 
hence, less vulnerable) to the manipula- 
tion patterns of the abusive man. The 
profile is drawn not only from victim ac- 
counts and research findings but also my 
twelve year experience as a counselor of 
abusive men at Emerge: A Mens Coun- 



seling Service on Domestic Violence, in 
Cambridge. Massachusetts, rounded in 
1977, Emerg e was the first program of 
its kind in the nation. Each characteristic 
listed has implications for all those who 
are in a position to identify abusive be- 
havior and prescribe solutions. 

1. Discrepancy m public versus private 

behavior 
Men who batter their wives often do not 
come across to those outside the family 
as abusive individuals. Often, the abu- 
sive man maintains a public image as a 
friendly, caring person who is a devoted 
"family man." This good reputation 
often leads neighbors and friends to con- 
clude that his wife is exaggerating when 
she r e ports physical abuse. Police re- 
sponding to these reports may be swayed 
by the calm demeanor of the p erpe tr ator. 
By contrast, his wife may seem more agi- 
tated and hysterical, leading police of- 
ficers to conclude falsely that she is the 
more aggressive party. This false picture 
is often r ep eate d in court. Dressed in a 
suit and accompanied by counsel, the 
male defendant frequently comes across 
more credibly than the female plaintiff. 
This is especially true when the pe r pe- 
trator is a professional man. In such a 
case, the picture the plaintiff paints of 
her husbands behavior may seem incon- 
smen t with his stature in the community. 
Approximately one-third of the men 
counseled at Emerge are pro f e ssi onal 
men who are well l e sp ec te d in their jobs 
and their communities. These have in- 
cluded doctors, psychologists, lawyers, 
ministers, and business executives. Police 
and court officers must look beyond the 
popular image of the abusive man as an 
eary-to-spot brute. While some abusers 
bear some resemblance to this stereo- 
type, most do not. 

2. Minimization and denial 
Living in a society that undervalues do- 
mestic life, abusive men do not expect 
their abusive behaviors toward women 
to be taken seriously. One man said it 
had n ev er occurred to him that he could 
be arrested for such a "minor thing." This 
man's attitude that mens' ill-treatment of 
women doesn't belong in the public 
sphere, does not exist in a social 
vacuum. It is mirrored by recent public 
debates about the relevance of how pub- 
lic men treat their wives, particularly 
when allegations of wife abuse or inf i- 



BOSTON BAR JOURNAL 
:uiv/Aucust 1989 



(pg. 23-25) 



-158- 



delity are made. It is reflected by the his- 
torical reluctance of police and courts to 
intervene in "domestic disturbances" 
(Roy, 1977). 

Few, if any, abusive husbands charac- 
terize themselves as men who beat their 
wives. A recent informal poll of clients 
at Emerge revealed that few men, even 
the most severe abusers, had thought of 
themselves in those terms. The abuser's 
tendency to minimize problems is com- 
parable to the denial patterns of alcohol 
or drug abusers. Problem drinkers mini- 
mize their drinking by favorably com- 
paring their own consumption pattern to 
"worst case" alcoholics — those who 
drink bottles of hard liquor on the street. 
Many battering husbands similarly mini- 
mize their violence by comparing it to 
"brutes who beat their wives every day." 
Besides spurning the "wife beater" label, 
most abusive men underreport their vio- 
lence. Research studies of violence- 
reportmg patterns among husbands and 
wives have found that husbands are 
more likely than wives to underreport 
their own violence (Szinovacz. 1983; 
Browning ic Dutton. 1986). For instance, 
husbands are more likely to count even 
severe acts of violence (e.g., choking, 
punching, beating someone up) as self- 
defense rather than violence (Brygger tc 
Edleson. 1984). Frequendy, what abusers 
report as self-defense is in reality violent 
retaliation. While some men rationalize 
their violence, other merely lie about it. 
The previously mentioned poll of 
Emerge clients found that many had lied 
about their violence when asked by 
neighbors, relatives, and police. 

3. Blaming others 

Perhaps the most common manipulation 
pattern of the abusive man is to project 
blame for his violence onto his wife. In 
treatment programs for abusers, state- 
ments like "she drove me to it." "she pro- 
voked me." "she really knows how to 
push my buttons" are common. State- 
ments like these reveal the abusers at- 
tempts to divert attention away from his 
own behavior and choices. Abusers in 
the early stages of treatment resist self- 
cnticism by projecting responsibility for 
their violence onto others (Adams. 
1988). This is similar to the alcoholic's 
tendency to blame other people, things, 
and circumstances for his drinking. The 
abusive husband, like the alcoholic pre- 



sents himself as a victim. 

Too often, interveners get caught up 
in talking about the victim's behavior. 
This is a disservice to the abuser because 
it reinforces his denial of responsibility. 
When the topic of discussion shifts to his 
partner's behavior, the abuser is pre- 
vented from recognizing that he has 
choices in how he responds to her, and 
that some choices are more constructive 
than others. Often, the abuser manipu- 
lativeiy seeks allies in his attempts to 
monitor and police his wife's behavior. 
Abusers in later stages of treatment are 
able to critically identify this as a lack 
of respect for their partners. One man 
said "I could never accept her the way 
she was; I always felt I had to 'correct' 
her. And it was easy to find other peo- 
ple to agree with me." (Emerge, 1989). 

4. Controlling behaviors 
Advocates for battered women have 
pointed out that wife abuse is more than 
isolated acts of physical violence. It is a 
cohesive pattern of coercive controls that 
include verbal abuse, threats, psycholog- 
ical manipulation, sexual coercion, and 
control over economic resources (Do- 
bash & Dobash, 1979; Schechter, 1982). 
The co-existence of these other control- 
ling behaviors serve to remind the vic- 
tim subliminally of the potential for 
physical abuse (e.g., yelling, threats, 
angry sulking) and to undermine her in- 
dependence. The abuser's frequent cri- 
ticisms of his wife erode her confidence 
in her own abilities. One abusive hus- 
band said he constantly tore down his 
wife's self-confidence because "I felt 
threatened whenever she felt good about 
herself." This man's wife said that it was 
only when she got support and valida- 
tion from others that she began to trust 
that she could make it on her own. So- 
cial isolation is another tactic used by 
abusers to undermine their wife's auton- 
omy (Walker. 1984). Accusations of in- 
fidelity or of "neglecting the family" 
serve to manipulate the woman into cur- 
tailing her contacts with friends, co- 
workers, and relatives. 

5. Jealousy and possessiveness 
Many battered women report that their 
husbands make frequent jealous accusa- 
tions. For some abusers, this jealousy 
has an obsessive quality. These men con- 
stantly monitor their wife's whereabouts. 
Their surveillance activities often con- 



tinue (and escalate) when their wives 
leave or attempt to end the relationship. 
These may include following her around, 
interrogating the children, eavesdrop- 
ping on telephone conversations, and 
making frequent telephone calls to mon- 
itor her activities. 

It bears repeating that pathological 
jealousy of this kind is not evident in all 
men who abuse their wives. Its presence 
should be seen as a significant indicator 
of potential homicidaliry (Sonkin, 1985). 
Gosely related to this is extreme posses- 
siveness which is often manifested by the 
abuser's unwillingness to accept the end 
of the relationship. Women who leave 
this type of man are subjected to on- 
going harassment and pressure tactics, 
including multiple phone calls, homicide 
or suicide threats, uninvited visits at 
home or work, and manipulation of the 
children. 

6. Manipulation of children 
There is considerable variation among 
abusive husbands on whether their vio- 
lence extends to the children. While child 
abuse is as frequent or more frequent 
than wife abuse for some abusive hus- 
bands, others have strong prohibitions 
against hitting their children. Regardless 
of whether children are directly abused, 
children are adversely affected by being 
exposed to wife abuse (Kalmuss, 1984). 
Children exposed to abuse are more in- 
secure, more aggressive, and more prone 
to depression. Children in this situation 
commonly feel divided loyaltie. between 
their mothers and fathers. Research 
shows that childhood exposure to wife 
abuse is a significant predictor of future 
wife abuse (Hotaling & Sugarman. 
1986). 

Courts are often asked to decide cus- 
tody and child visitation issues when 
battered women file for protective orders. 
Judges must be wary of the manipula- 
tion patterns of the abuser in making 
these decisions. For instance, abusive 
husbands commonly misuse child visita- 
tions as a way of gaining access to their 
wives. Abuse of child visitations not 
only compromises the battered woman's 
safety but also has an adverse emotional 
impact on the children. Some abusers 
use their children as emissaries who are 
responsible for spying on mom's activi- 
ties or for convincing mom to "let Daddy 
come home." Some abusers contest cus- 



BOSTON BAR JOURNAL 



-159- 



tody or child support agreements as a 
• bargaining tactic designed to coerce their 
partners to reconcile or to drop criminal 
complaints. Prosecutors and judges 
should routinely encourage battered 
women to seek modification of child 
visitation agreements if such agreements 
are being abused, or if the child's or 
woman's physical safety is being 
jeopardized. 

7. Substance Abuse 

Research studies have varied findings 
about the degree of overlap between 
spouse abuse and substance abuse. One 
study found "Ofo of men arrested for 
domestic battery showed evidence of 
alcohol or drug abuse (Roberts, 1987). 
A survey of women who sought refuge 
in shelters for battered women, found 
that 48 To reported that their abusive 
husband abused alcohol. This variation 
in findings is attributable to the use of 
differing criteria in assessing the bat- 
terer's use or abuse of substances. There 
is also evidence to suggest that police are 
more likely to arrest a batterer when 
there is also evidence that he is under the 
influence of alcohol or drugs (Kantor & 
Straus. 1986). 

Despite the high correlation, experts 
in the domestic violence field agree that 
alcohol or drug use does not cause men 
to batter their wives (Coleman & Straus. 
1983). Acting as a socially approved dis- 
lnhibitor. alcohol use becomes a conve- 
nient excuse for some men to hit their 
wives. The battering husband who abuses 
alcohol has two problems for which he 
must take responsibility. Alcohol or drug 
treatment alone will not stop the batter- 
er's abusiveness. Recovering alcoholics 
exhibit high rates of abusive behavior. 
Despite this, one study found that courts 
in one state refer most alcohol/drug 
abusing batterers to alcohol or drug 
treatment programs only — without 
also referring to specialized batterer 
treatment programs (Roberts. 1987). Be- 
cause probation officers and judges have 
been more sensitized to alcohol and drug 
problems, there is a danger of focusing 
exclusively on the substance abuse when 
the substance abuser is also abusive 
toward his wife. When the problems co- 
exist, it is critical for the individual to 
be evaluated for both kinds of treatment. 

8. Resistance to change 

Like substance abusers who are still in 



the denial stage, most abusive husbands 
lack internal motivation to seek counsel- 
ing or to change their behavior. It is esti- 
mated that less than 1% of men who bat- 
ter are referred to specialized treatment 
programs for abusers. Approximately 
20% of Emerge clients are court-ordered 
to attend the program. Though the rest, 
technically, are self-referred, most of 
these have sought counseling only once 
it became clear that their relationship 
will not continue unless they attend. For 
most of these men. the problem as they 
see it is that their wives have left them. 
not that they have been violent. Initially, 
the abusive man bargains with his wife 
to change as little as possible (Adams. 
1989). For instance, he may agree to at- 
tend one week of counseling in exchange 
for returning home or having criminal 
charges against him dropped. Fifty per- 
cent of Emerge clients drop out of treat- 
ment within the first month, a figure 
that is consistent with other programs. 
Some drop out as soon as they recon- 
cile with their wives. Others drop out as 
soon as it becomes clear that a recon- 
ciliation isn't possible. The typical bat- 
tering man. like the alcoholic brings a 
'quick fix' mentality to counseling. His 
desire to restore the status quo outweighs 
his desire to change. 

Summary 

For court workers to become aware of 
abusive behavior patterns does not con- 
demn the abuser's chances for change. 
On the contrary, this insight helps inter- 
veners resist the abuser's manipulation 
patterns and more realistically appraise 
his suitability for rehabilitative efforts. 
Clearly, some perpetrators pose too great 
a danger to their wives for the courts to 
release them into the community. Assess- 
ments for potential lethality should be 
made in every spouse assault case. In my 
experience, the men who do make sig- 
nificant changes are those who accept 
legal sanctions and presevere with coun- 
seling. These men respect their wives de- 
cisions concerning the amount and na- 
ture of contact she wishes to have with 
him. He learns to focus on his own 
rather than her behavior. Much depends 
on the public sanctions that the abuser 
encounters along the way. Courts have 
a critical role to play in this. They deter- 
mine whether the abuser attends a treat- 
ment program, how long he stays in the 



program, and whether the vicr.rr : s iarety 
is ensured while he attends the program. 

Bibliography 
Adams. D. (1983 1 . "Counseling rren who batter 
A proteminist analvsis of five treatment novels" 
in M Bograd £ K. Yllo teds.' Feminist Pinvec- 
fires o»i Wife Abuse. Beverly Hills. C.V Sage 

Adams D. (1989). "Stages of anti-sens: awareness 
change for men who batter." In L. Dickstem * C. 
Nadelson leds.). Family Vto'unct V\ashington 
DC. Appi Press. 

Bannon. J. (1975). "Law enforcement problems 
with intrafamily violence.' paper presented at 
American Bar Association Convention 
Browne. A (1987). WJirn Battered l\\rnm Kill 
New York: Free Press. 

Browning. J. k Dutton. D. (1986). "Assessment of 
wife assault with the conflict tactics scale: using 
couple data to quantify the differential reporting 
effect." loumal of Marriage and the Fanutv 43 
373-379. 

Brygger. M.P. U EdJ«on. J. (1984). 'Gender differ- 
ences in reporting of battering incidents' Unpub- 
lished paper presented at the Second National Con- 
ference for Family Violence Researchers. Durham. 
N.H.: University of New Hampshire. 
Coleman. K. k Straus. M (1979). 'Alcohol abuse 
and family violence." in E. Cottheil k K. Drulev 
(eds.). Alcohol. Drug Abuse and Aggression 
Springfield IL Charles Thomas. 
Dobash. R. k Dobash. R. (1979). Violence Against 
Wires. New York: Free Press. 
Hotaling. C. k Sugarman. D. (1986). 'An analysis 
of the nsk markers in husbands to wife violence: 
The current state of the knowledge." Violence and 
Victims. 1 (2): 101-124. 

Kalmuss. D. (1984). "The intergenerational 
transmission of mama! aggression." Journal of 
Mtmaee and the Family. 5 (41. 11-19. * 

Kantor. C. k Straus. M. (1986). "The drunken bum 
theory of wife beating.* Speech presented at the 
National Alcoholism Forum Conference on Alco- 
hol and the Family. San Francisco. 

New York Task Force on Women in the Courts 
(19861. "Summary of report by New York Task 
Force on Women in the Courts." \ev York Law 
loumal (April): 17-25. 

Roberts. A. (1987). "Substance abuse among men 
who batter their mates: The dangerous mix.* un- 
published paper. Indianapolis. IN: School of Social 
Work. 902 West New York St.. Indiana University. 

Schechter. S. (1982). Women and Male Violence: 
The Visions and Struggles of the Battered Women s 
Movement. Boston: South End Press. 
Sherman. L. k Berk. R. (1984). The specific deter- 
rent effects of arrest for domestic assault." Amer- 
ican Sociological Rrvinc 49 (April): 261-272. 

Sonkin. D. Martin. D. k Waller. L. (1985). The 
Male Batterer A Treatment Approach New York: 
Springer Publishing. 

Siinovacz. M. (1983). "Using couple data as a 
methodological tool: The case of mar.tal violence." 
loumal of S\amatt and the Family. 45: ©44 -©44. 

Taub. N. 4c Schneider. M. (1982). 'Perspectives on 
women s subordination and the role of law" In D. 
Kairys. led.) The Politics of Law: A Progressive 
Cntique. New York: Pantheon Books. 

Walker. L (1984). The Battered Woman Syndrome. 
New York: Springer Publishing. 



BOSTON BAR JOURNAL 



-160- 



1ULY AUCUST 1*89 



Spousal/Partner Assault: 

A Protocol for the Sentencing and 
Supervision of Offenders 



By 
Andrew R. Klein 

Chief Probation Officer 

Quincy Court 

Quincy, MA. 02169 



£ Andrew R. Klein 
6/20/93 



-161- 



Chapter 1 
Who are these offenders? 

There is a great deal of misconception about who male batterers are. Are they mentally ill? 
Are they simply men who have anger control problems, too often provoked by their wives or partners? 
Are they out-of-control substance abusers? Are they men carrying out their assigned roles in a 
patriarchal society? All of the above have been suggested at one time or another by respected 
clinicians and researchers in their fields. 

Complicating their identification, male batterers present a very different posture in public than 
they do in the privacy of their own homes. The image they project to outsiders is often of a caring, 
concerned husband or father. They minimize the effects of their behavior on others -- ironically, as do 
their victims. They blame others, especially their victims. They manipulate their children. 

But the fact is. men who find their way into the court and eventually end up under correctional 
supervision for spousal/partner assault share the same risk characteristics of the most dangerous 
offenders currently on probation/parole across the country. In fact, many, if not most, of these men 
have been in the criminal courts before, repeatedly, for offenses that span the entire criminal 
spectrum. 

1. Extensive Criminal History 

For example, when Massachusetts computerized its civil restraining order files in I992, linking 
them with the state s criminal offender record data base, it found that almost 80 percent of the first 
8.500 male subjects of restraining orders had prior criminal records in the state (Commonwealth of 
Massachusetts. I992). 

Numerous National Institute of Justice studies examining the deterrent value of arrests in 
cases of domestic violence nave also revealed that most men brought to police attention for domestic 
violence have criminal records One of the first studies of such men in Florida, Vermont, Ohio and 
Nortn Carolina found mat 50 percent of the men had prior records (Fagan, Stewart & Hansen, I983); 
79 percent nad them in a Charlotte. North Carolina study (Hirschel, Hutchinson & Dean, I992); and a 
Minneapolis study found 60 percent with previous offenses (Sherman & Berk, I984). Similarly, a study 
of men prosecuted for domestic violence in Indianapolis found 74 percent had prior records, excluding 
men who had previous felony or domestic violence convictions (Ford & Regoli. I992). 

In the largest study of its kind, all 644 men brought for restraining orders in 1990 in Quincy, 



-162- 



Massachusetts, a court just south of Boston, were examined (Klein, 1993) Like the statewiae fmomgs 
78 percent were found to have a prior criminal record in the state (at least one prior cnmina 1 
complaint) The average numPer of prior complaints was 13, meaning that the average male aDuser 
had been in court for more than six separate sets of crimes. (There were an average 1 .95 complaints 
per arraignment.) One defendant had been the subject of 1 13 complaints. 

Offenses charged ranged from murder to minor in possession of alcohol The vast majority 
were for misdemeanor charges, which in Massachusetts can carry sentences of up to 2-1/2 years m 
jail. 2 One of the most common offenses among the restraining order suPjects was operating a motor 
vehicle after license revocation or suspension The great bulk of these abusers had alreaay been 
prosecuted in court for failing to oPey a court or Registry of Motor Vehicle injuntion against driving In 
other words, these men show no prior inclination to comply with criminal and/or civil orders 

In another indication of prior criminal involvement, almost a quarter of the men had Peen on 
formal prooation with or without a suspended sentence or jailed for prior offenses. 

Thirty of the men had prior records but the records were off-line or inactive. This meant they 
had not been arrested or brought to court for any charge within 15 years. In short, of the abusers with 
prior records, over 94 percent were criminally active within the past 15 years. 

2. Prevalent Substance Abuse 

The correlation between substance abuse and spousal assault is found throughout the 
literature. In 23 studies conducted between I980 and I988, the proportion of batterers who had prior 
histories of drug and/or alcohol abuse ranged from 24 percent to 86 percent. Most were in the mid-60s 
(Tolman & Bennett. 1990). 

In terms of the type of prior complaints. 54 percent of the Quincy defendants had prior 
records for alcohol and/or drug charges. The majority of these were for drunk driving. A third of those 
arrested for drunk driving were also arrested for various drug offenses. Another 35 percent of those 
with alcohol and/or drug records had records for drug offenses only and the remaining had them for 
public order complaints, including disorderly conduct or minor in possession of alcohol, crimes usually 
associated with alcohol abuse. The average number of such complaints was more than four. 



2 This is consistent with state charging practices. With the exception of murder and rape, the vast 
majority of offenses may be prosecuted as either misdemeanors or felonies. In Massachusetts in 
1990. less than two percent of the complaints brought to court were presecuted as felonies. 



-163- 



The fact that so many of these abusers had prior records for drunk oriving is particularly 
signficant since the average blood-alcohol level tor drunk drivers in the state is over .16. Generally, 
any level over .15 is considered a sign of sustained, abusive drinking. 

3. Generalized Pattern of Violence 

Forty-three percent of the male batterers in Quincy were also found to have prior recoras for 
crimes against persons. To determine if these men specifically targeted female victims, a sample of 
155 of these prior complaints were checked for sex of prior victims. It was found that almost two- 
thirds had prior crimes against male as well as female victims. In other words, these men were 
generally violent, assaulting other males as well as female intimates. The average number of prior 
crimes against persons complaints was 4.5. 

In addition to prior criminal records, more than one third of these men also had prior civil 
restraining orders against them. Studies confirm that women often obtain multiple orders against their 
abusers over time. In other words, not only do these men have a history of prior criminal activity, but 
their abuse of their spouses/partners is repetitive, ingrained behavior. 

4. Relatively Youthful 

Studies reveal that the average abuser brought to court for restraining orders or to police 
attention for domestic disturbance calls is 32 years old, with two-thirds being between their mid-20s 
and early 40s. In Massachusetts, this is just two years older than the average probationer and the 
same age as the average drunk driver on probation. 

In the study of Quincy criminal records, the younger the abuser, the greater likelihood he had 
a prior record and the longer that record was. As with most criminals, the younger the offender enters 
the criminal justice system, the more likely he is to remain in it. 

5. Separated or Unmarried. With Children 

Until the 1980s, research indicated the majority of abusers were married. However, more 
recent studies reveal an increasing majority of abusers are younger and unmarried. One of the 
reasons for this perhaps is that many restraining order laws have become broader in scope, allowing 
females to obtain them against non-cohabitants, including perpetrators of date violence. 

Married or unmarried, studies reveal that one third to a majority of abusers have children by 
their victims. 



-164- 



Further, studies reveal that more than one quarter of abusers are physically separatee from 
their victims prior to their abuse (Chaudhun & Daly, 1992, Gonaolf, 1992, Klein, 1993). 

6. Other Risk Characteristics 

Male batterers share still more risk characteristics with their highest risk criminal peers Tney 
rationalize their crimes, they have poor family ties and lack a stable home Many eitner are 
unemployed or marginally employed. Almost to a man, batterers either aeny their spousal/partner 
abuse or feel entitled to exercise control over their spouse/partner Historically, there exists ampie 
precedent for this feeling of entitlement. But current social structures also provide much reinforcement 
for patriarchy. Coupled with the general violence of modern culture, not to mention approving peers, 
many men feel very supported in engaging in spousal/partner abuse. 

Many of the male batterers who reach court have or are ordered to vacate their resioences. 
A large percentage of their wives/girlfriends have already divorced and/or physically separated from 
them As a result, their family support is minimal if not negative. In terms of residence changes, it is 
usual for these men to have had at least one recent residence change as a result of the abuse Also 
underlining their lack of stability in the community, there is a large correlation between between 
unemployment, or under employment with spousal/partner abuse (Gelles & Cornell, 1990, Hotalmg & 
Sugarman, 1986, Sonkm, Martin & Walker, 1985). 

All of the above, like prior criminal records and substance abuse, constitute typical 
characteristics of offenders that increase risk of recidivism. 

Much has been written of other male batterer characteristics (see, e.g., Hotalmg & Sugarman, 
I986). However, close examination reveals that most of the characteristics are either not unique to 
male batterers, are only characteristics for a skewed sample of batterers, or most probably exist as a 
result of the battering behavior. For instance, batterers have been found to be depressed, angry, lack 
self-esteem and so on But these conditions may crop up only after the abuser has been arrested or 
ordered to stay away from his wife/partner, or because his wife/partner has left or is threatening to 
leave him (Stordeur & Stille, I989). 

Researchers have identified only two characteristics that consistently and significantly 
correlate with spousal/partner abuse. They are substance abuse and having experienced violence in 
their family of origin, either having witnessed fathers beating up mothers or having been abused 
themselves (Fmklehor, Hotalmg, & Yllo, I988. Hotalmg & Sugarman, I986; Tolman & Bennett. I990, 
Stordeur & Stille. I989). Of course, as experts are quick to point out. not all children from such families 
or males suffering alcoholism and drug addiction are destined to become spousal/partner abusers. 



-165- 



Summary of Offender Risk Characteristics 

In summary, the male batterers brought to court typically share the risk characteristics of the 
most hard core, dangerous offenders. First, they have extensive prior records. Even those who may 
have no previous records have most likely abused their spouses/partners previously. Their criminal 
behavior is ingrained. Second, they do not share the )ustice systems view that what they did was 
wrong, much less criminal. They rationalize their behavior or minimize it. Third, they are alcohol 
and/or drug abusers. Fourth, they lack strong ties to family, employment or the community, as 
measured by family disruption, high unemployment, and frequency of residency changes. 

On an environmental level, they are also high risk because they have easy access to their 
victims. Depending upon local laws, they may also have easy access to weapons. 



A Word About Their Wives/Partners 

In passing, it should be noted that studies reveal victim characteristics are not significant in 
determining abuse. Although there is great tendency to blame the victim for her continued abuse, 
studies reveal that women are in danger of abuse whether they stay with the abuser or not. take out a 
restraining order or not. divorce them if married or not. cooperate with criminal prosecution or not. In 
fact, some studies suggest that victims may be in greatest danger when they finally do leave their 
abusers (Chaudhuri & Daly, 1991; Grau, Fagan, & Wexler, I985). Women are most likely to be 
murdered when trying to break off an abusive relationship or when reporting an abusive incident to 
authorities (Sonkin, 1985), and nearly three-quarters of women treated for medical emergencies 
received their injuries after leaving their abusers (Stark, 1981). 

There are a number of reasons why women stay with abusive partners. But studies 
overwhelmingly confirm that the prime reason is fear (Goolaskian, I987). Add to this economic 
dependence, social pressure to preserve the family or provide a father for the children, their own 
substance abuse problems, or lack of coping skills due to years of prior abuse and it is not difficult to 
understand why victims are unable or unwilling to break away (Kramer, I989). 

As frightening as domestic abuse is, the experience of publicly disclosing it 
has been compared to falling off a cliff.. ..Women are more likley to be 
murdered while attempting to report abuse or to leave an abusiver 

relationship Those who treat the abusive man confirm that the violence 

often escalates once the woman attempts to end the relationship. The 
abuser's threats of continued physical abuse are often accompanied by 
economic threats. These commonly include threats to withhold child support 
and to sabotage her job plans. Some men make threats that are specific to 



-166- 



the children, exploiting their wives fears of losing the children once they 
report domestic abuse.. ..What appears from he outside as an irrational 
pattern of "crying wolf," becomes much more understandable when one 
identifies the specific scare tactics of the abuser. These coupled with 
inconsistent and sometimes hostile responses from the criminal justice 
system reinforce the battered women's fears that there is no real escape 
from the abuse (Adams, 1989, 23). 



-167- 



No Boundaries 



The physical and mental effects of family violence are seemingly limitless 



T 



he toll taken by family violence is incal- 
culable — an endless parade of bruises, 
cuts, fractures .and other injuries, both 
physical tnd mental. Some of these in- 
juries eventually heal, but many do not. 

The death rate from family violence is believed 
to be high. According to "Family Violence: An 
Overview," published by the U.S. Dept. of Health 
and Human Services last January, "1.100 chil- 
dren are known to have died as a result of abuse or 
neglect in 1 986," and many people believe that the 
actual figures must be much larger. A 1979 FBI 
report stated that 40% of murdered women and 
10% of murdered men were killed by partners. 

Among victims who survive, long-term physical 
impairment may be common. Eli H. Newberge r , 
MD, director of the Family Development Pro- 
gram at the Children's Hospital in Boston, notes, 
for example, that "injuries to the nervous system 
from direct trauma or shaking appear to be re- 
sponsible for many cases of cerebral palsy and 
profound neurological impairment" among chil- 
dren 

But perhaps the most widespread long-term ef- 
fect of family violence is the psychological toll 
taken on its victims. There is a growing body of 
evidence to suggest that, even when the physical 
wounds heal, victims of family violence may re- 
main severely damaged in other respects, more 
difficult to detect. 

Suicidal feelings, depression, anxiety, substance 
abuse problems, psychosomatic symptoms, dimin- 
ished self-esteem shame, nightmares, fears and 
phobias, and inability to trust or develop intimate 
relationships are widely cued as being among both 



the short- and long-term consequences of abuse for 
adults and children alike. 

The long-term psychological consequences for 
the children of violent homes may be particularly 
severe, if only because their lives are blighted so 
early and at a critical developmental stage. Re- 
search indicates that even witnessing violence can 
have a wide range of long-term psychological ef- 
fects on children, with effects that range from 
psychosomatic complaints to posttraumatic stress 
disorder. 

Experts have identified two "constellations" of 
symptoms arising in abused children, notes San- 
dra Kaplan, MD, of the Division of Child and 
Adolescent Psychiatry, North Shore University 
Hospital. Manhasset, N.Y. Some children draw 
inward, channeling the emotions caused by the 
abuse into feeiinp of worthlessness. helplessness, 
hopelessness and depression that can result in self- 
mutilation or suicidal behavior. 

Other children channel the effects into aggres- 
sive and impulsive behavior. Dr. Kaplan says. By 
the time they are adolescents, these children are at 
high risk of delinquency, substance abuse, absen- 
teeism from work and school, homeiessness, ado- 
lescent pregnancy and prostitution. 

And finally, Dr. Newber ger adds, abused chil- 
dren also seem to be at nsk of disturbances in their 
social and emotional development, language disor- 
ders, and lower performance on standardized tests 
of intelligence. 

In short, as "Family Violence: An Overview" 
states, "the ramifications of family violence have 
almost do boundaries." 

FUrm J»kmmm Skdfy 



Family violence as a public health problem 



Breast cancer 



4 4 41 175,000 



Coronary heart disease 4 t 4 ♦ 4 ♦ 4 t 4 t 4 t 4 * 4 t 4 t 4 t 4 t 4 *4 t 4 ♦ 4 t 6 Million 

.4,4,4.4t4t4t4t4t4!4t4t4t4t4*4 
4t4t4t4t4t4t4t4t4t4t4t4t4t4t4t 
,4*4t4Ht4. 41414. 4!4t4t4»4t4t4 



AIDS 



1 4 75.000 



Cancer (All types) 



I 



4.4.4.4,41414,4.414.4.4.4.414! 

.4.4.4t4t4,4t4.4Mt4.4t4.4t4«4 

4t4t4t4t4t4t4t4t4t4t4t4t4t4t4t 
t4t4t4t4t4t4t4t4t4t4t4t4t4t4t4 



6 Million 



Children aOused 
and neglected 



4t4t4t4t4t4t4t4.4t4ft4t4t4.4t4t 2to4 
t4t4t4t4t4t4t4t4t4t4t4t4t4t4t4 Million 
4t4t4t4t4t4t4t4t4t4t 



FAMILY 110LF.SCE a s 
trmpii ptonut. Put it rn- 

ampaaa * > mmm tut 

tfttmnvt Pt P t it m i . beih 
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Gt tfJMfSW 

FAMILY VIOLENCE 

rrfm n pnpit r« rrr brum 
tUpprd. pmebtd. tbtkrn. kick 
td. hrmrd. rtprd. mdamrud, 
turvtd. s lmdmr d . tbrnr* 
drnm ittm. ntbbrd. >h»t. 
Urndftrntrd. chtktd. gnhPrd. 
tbmrd nd Mltd 

It mm pnpit trh» trr mb- 
ytatd n vrrPti stmtt. thrttti 
<r tnui tbtmnhtt nd tboie 
thry Int. that et prts. drttrw- 
tim tf f t w ptm tnd ftrred 
mittnti. Pnfit trbo art 
druird term to mmty. fmd. 



ICW JIT dtpi lt d tin fbo 
UTm trt ftmd l» vttri w 
lotrm m tibm m tPnr fimUm 



Tht lot a rmdlra Thrrtts 
mi wnfn •• ow ti tBt 9m^&i 
mmtt fa— hmp in mfbtt 

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Seniors mistreated t4t4t4t4t4t4t4t4t4t4l Million 



Women battered 



44 4444 444 4 4444444.4444444444444 i-8 Million 

4 44 44 4 "■ -^■>~*--. : 



14 



Each figure « 50.000 cases. 1991 data 



-168- 



MEMCAi. NEWS/MHUAHY 6. 1 ggfl 



YOUTH ALIVE 

Dedicated to Preventing Violence 



WOMEN, FAMILIES, AND GUNS 



Board of Directors 

Dneaor 

Trauma Sendees 
Chddreni Hoioxol 
Ooklond 
Deane Calhoun 
Executive OtfflCSr 
Yout>AUVE 
Nancy G annon 

Monogei 
Education Division 
Center 10 Pr«v*ot 
Hanagun Violence 
Woihmgwn. D.C. 
Roy Catenation 
Copwm. Oakland 
fwe Oaoonmcni 
^Ofotyn Anoftiyvv 
Deouv Secretary. 
Youn and Adoh 
Corr«cnono< Agency 
Deo < of Ju*rse 
Socromemo. CA 
rW nrdu^MMnar 
Diieoor 

Contpreheniivo Heoi#» 
and Sor»v PVan 
Oakland Unrhed 
School Diana 

Urn Monm. MD. FAAP 
Ou«aor Pcoocdc Sonal 
Inturv Service 
toncre lea Amiga* 
Meocoi Corner 

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Jon AAonVDomory 

Pnnciool. Montgomery 

Coniuionn 

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Dionne Yomowxro-Omi 

Ptogrom OH«er 

The toret f oundanon 

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torbaro Stagger*. MO 

Director 

Aaoteaceni Meaione 

uoDOflmmi 

Children* Hosoel 

Oouona CA 



Finorooi Direaor. 
Troumo f ounaonon 
Son rronciSCO. CA 



Mate Victims 




Femaie Viaims 


* y ^jd%0%fffo 




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Relationship of homidne won 10 assailant, by sex of vicum - U.S. 19HK 
(Hammctt et al 1992 MMWR) 



American women have been taught to fear violent crime by strangers more 
than the violence in their own homes. The gun industry is using this fear and 
women's growing sense of independence to market guns to women under the 
guise of protection. This provides a false sense of security which can be 
fatally misleading. The greatest threat to a woman comes from the people and 
guns within her own home. 

m FROM 1976 TO 1987, 

MORE THAN TWICE AS 

MANY AMERICAN 

WOMEN WERE SHOT 

AND KILLED BY THEIR 

HUSBANDS OR 

BOYFRIENDS THAN 

WERE MURDERED BY 

STRANGERS USING 

GUNS, KNIVES OR ANY 

OTHER MEANS.' 

Historically, women were told 

that men with guns were the 

only protection they had against 

strangers. Today, "feminist" gun advertisements tell women that they are in danger 

from crimintds, and guns offer them protection. Women were and are more likely 

to l)e killed Iry their "protectors," and their protector s guns, than by strangers. 

• AN AMERICAN IS OVER FOUR TIMES MORE LIKELY TO BE 
ATTACKED AT HOME BY SOMEONE HE OR SHE KNOWS THAN 
ATTACKED AT HOME BY A STRANGER. 2 

The "Bump in the Night" scenario where a lone female fends off a psychopathic 
stranger rapist with her .38 is a far less likely situation than that same woman 
having to defend herself against her husband or boyfriend While pro-gun 
organizations promote the right of women to defend themselves against society's 
"criminals," they ignore the far more common phenomenon of family violence. 

" PEOPLE IN THE UNITED STATES ARE MORE LIKELY TO BE 
MURDERED BY A MEMBER OF THEIR OWN FAMILY THAN 
PEOPLE IN ENGLAND, GERMANY AND DENMARK ARE TO BE 
MURDERED BY ANYONE AT ALL. 3 *' 5 

Most family homicides are the result of ongoing family violence, and both of these 
complex problems are not easily solved by simply locking up criminals. Guns are 
used in 65% of all family murders in this country. 6 Guns allow family violence 
to turn deadly in an instant 

-169- 



IZ.Z-. CENTER • SC'jTh PAV.UCN 2ND FlCCR • Z5C HAWTHORNE AVENUE • OAKLAND. CAli?C3NiA »4c09 



* MORE WOMEN ARE KILLED BY THEIR HUSBANDS THAN MEN ARE 
KILLED BY THEIR WIVES. 7 

The typical man who kills his wife is a batterer who shoots his wife when she tries to leave 
him. A woman is more likely to kill a battering husband in self-defense} Men and women 
may kill their spouses for different reasons, but both sexes use guns for spousal murder about 
70% of the tune. 9 The presence of a gun makes a battering relationship even more violent 
and increases the chance of death for both partners. 

* A GUN IN THE HOME IS 43 TIMES MORE LIKELY TO KILL A FAMILY 
MEMBER THAN IT IS TO BE USED TO KILL IN SELF-DEFENSE. 10 

A woman may own a gun to protect her family, but once the gun is brought into her home, it 
may put her and her family at risk of suicide, homicide, or an unintentional shooting death. 
If an intruder does come into a gun owners home, even the most experienced gun owners 
can have their guns turned against them. For example, 16% of all police officers who are 
shot and killed in the Tine of duty are murdered with their own service weapons. 11 ' 12 




Males Femaies 

kiMtO by Mleo by MW by 

Males Malts Femaies 

*^M8 FBI Oaia oo net iftouot *io'«o» o» Kentucky. 

0*i* mra > »e»f«i It— <i oi Hwneww »»>i-»Smwp» » i w i h i 



Ftmim 
luUtOOy 
Females 

■ ••eon 



Homicides by sex of victim and offender - 1988 (Hamractu 1992 MMWR) 



* 90% OF FEMALE MURDER 
VICTIMS ARE KILLED BY MEN, 
WHILE ONLY 14% OF MALE 
MURDER VICTIMS ARE KILLED 
BY WOMEN. 13 

Gun advocates say that women are as 
capable as men of using guns responsibly. 
This is faint praise considering that more 
men than women own guns, and more 
men than women kill each other with 
guns. If women murdered at the same 
rate as men, nearly 8,000 more people 
would be murdered every year. 14 



* MOST MURDER VICTIMS ARE KILLED BY SOMEONE THEY KNOW. 15 
Many of the people who pull the triggers are not hardened criminals who could be easily 
identified and separated from the law-abiding majority. Owning a gun for protection from 
strangers gives a false sense of security. 

* FAR MORE PEOPLE ARE MURDERED DURING ARGUMENTS THAN 
DURING ROBBERIES. 16 

In this society, people live in fear of muggings, home invasions and carjackings. However, in 
1986, only about one quarter of all murders with known motives took place during another 
crime, and almost half took place during a non-criminal argument. 17 

* AN ATTACK WITH A GUN IS FIVE TIMES MORE LIKELY TO BE DEADLY 
THAN AN ATTACK WITH A KNIFE. l * 

A person does not have to be intent on murder to kill with a gun; all he or she needs to do is 
pull the trigger. Thousands of lives are lost each year because easily available guns caused 
heated arguments to turn deadly. 



-170- 




AUoBttny 



gg^grggg? 



■*"TE7 



71 Wi 



~f 



FEATURE 

Impact of 

Spouse Abuse 

on Children 

of Battered 
Women 

Implications 
for Practice 

by Honore M. Hugnes 

Sain: Lous University 




iteracure regarding children of bat- 
tered women is sparse, with the results 
from research primarily accumulated 
over the last 10 years. Many people do 
not realize that when spouse abuse occurs in a 
family, the children are also very likely to be 
negauveiy affected. The most accurate description 
of these unwilling observers — the "unintentional 
victims"' — is that they are emotionally abused. Re- 
cendy, critiques and summaries of this area have 
begun to appear, and mucn of the following article 
is cased on two reviews by Hughes (1, 2). 

At this time, investigations in this area have 
progressed beyond the descriptive and clinical an- 
ecaote stage. Researchers working actively in this 
area are using standardized instruments and appro- 
priate comparison groups. However, the samples 
of families studied have been mostly limited to 
low-income families and to those who sought 
refuge from violence at shelters for battered 
women or who have requested treatment for 
marital violence. 

Prevalence 

To briefly review, researchers* best estimates 
regarding the prevalence of spouse abuse range 
from 107c to 30% of couples. Even with the most 
conservauve estimates. \Q% to 15%, it is ciear that 
a substantial number of children live in violent 
homes. When investigators ask women who have 
been beaten where their children are while they are 
being assaulted, in 90% of the cases the children 
are either in the same room or in the next room. 

Impact 

Although the data base regarding the impact of 
observing spouse abuse is relatively small, there is 
sufficient evidence to state that for children, being 
exposed to parental violence is a traumatic experi- 
ence. On standardized behavior problem check- 
lists, mothers describe high levels of problematic 



behavior in their children. Consistent differences 
between children of battered women and compar- 
ison children in both internalizing (e.g., depressed. 
anxious) and externalizing (e.g., aggressive, dis- 




;f Bbo'lcot the. Montlv^^^^$±^^^£ c - 



Aumor s S'oit: Piecse address reaues:s for copies to Honore M 
Htifnes. Saint Louis Umversir\. Department of Psycnoiogy. —J 
'.'ortn Crann Bcuievord. 5:. Lotus \10 65103 



obedient) behaviors have been found, with both 
behavioral and emotional problems significant !v 
higher in the children of battered women. Other 
difficulties that have been reported include fa) an 
increase in somatic symptoms, (b) lower cognitive 
skills and school achievement, (c) difficulues wilt 
social problem solving, and (d) tendencies to be 
more external in locus of control. 

Focusing more on personality development, cli- 
nicians have also discussed the disruption that 
occurs in personality development wnen ceveioD- 
mental stages are interrupted by violence in the 
family. For many, Erik Enckson's psychosocial 
stages of personality development have been help- 
ful in understanding the problems experienced by 
violent families. His first and most basic stage, that 
related to the development of trust in other peopie. 
is the one most frequently mentioned by clinicians 
as being disrupted by family violence. 

Severity of Impact 

Other than high mean scores, another way to 
examine the impact of spouse abuse on the children 
is to look at the proportion of children who are 
reported to exhibit more severe difficulties, prob- 
lems that are beyond those of the normative group 
for the measure. The Child Behavior ChecKiisi 
(CBCL), one of the most commoniy used instru- 
ments, provides T-scores and percer..i!es tor age 



^^^^^^^^^^ 



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-171- 



Feature 



ConnnueO from page I 



ana genaer. thus snelter cnildren can oc comoared 
with the normative sample on extent of proolems. 
Several researchers have investigated the per- 
centage of children in shelter samples who have 
CBCL scores above the cutoffs that indicate a need 
for clinical services. Depending on the gender of 
the child, the type of violence experienced, and the 
T- score used as the cutoff, the percentages reported 
indicate that from 25% to 65% of shelter children 
receive scores above that clinical level. On the 
average, approximately 35% to 45% of shelter 
children fall above that cutoff. 

Mediating Variables 

In terms of factors that influence the psycholog- 
ical adjustment of individual children, investiga- 
tors in this area have stressed the importance of 
identifying variables that mediate the impact of 
domestic violence on the children. The list of po- 
tential mediators has been adapted from a number 
of sources (1, 2) and includes both child and sirua- 
tional/contextual factors (see box). The variables 
that have received the most in-depth examination 
are past experience with violence, and gender. 

Type of Violence Experienced 

Researchers in the area of family violence have 
quite consistently found that the co-occurrence of 
different types of violence is rather high, with 
estimates in the 40% to 60% range. As an example, 
available evidence from shelters and treatment pro- 
grams indicates that 50% to 60% of the observers of 
domesuc violence have also been physically abused 
themselves. Thus, in violent homes, chances are 
about 1 in 2 that if child abuse is present, spouse abuse 
is also likely to be occurring, and vice versa 

Based on research I conducted, results indicate 
that past experience with different types of vio- 
lence does seem to make a difference in psycho- 
logical adjustment: The more types of violence 
children are exposed to. the less well adjusted they 
wul be. Thus type of violence experienced seems to 
be an important mediator in children's adjustment. 

Genaer 

A differential impact on the psychological ad- 
justment of children in shelters based on gender 
seems to appear in a manner that is inconsistent 
with previous literature on influences of gender on 
psychopathology. Most researchers in this area 
find that both shelter boys and shelter girls receive 
high mean scores on both internalizing and exter- 
nalizing behaviors. Moreover, when seventy of 
impact is investigated using clinical level cutoffs 
based on those same behaviors, again both boys 
and girls are high on both types of problems. It is 
interesting to note that this partem is contrary to the 
traditional gender-roie-rciated pattern of behavior 



proDlems. wnereir. oovs snowe: external izme- 
type — and girls e.xntoitec :nicrr.aiizing-type — 
difficulties. 

Mechanisms by Which Conflict Exerts an imoact 

In terms of a framewonc for unoerstanding the 
impact of spouse abuse on cnildren and tne influ- 
ence of mediating variables, my adaptation of Grvcn 
and Fincham's (3) discission of raantal conflict 
and children's adjustment suggests that we Iook 
at direct and indirect mechanisms. Under direc: 
mechanisms fail (a) modeling of aggressiveness 
and (b) stress in the family. 

Regarding the fact that both boys and garis exhibit 
internalizing and externalizing symptoms, the ag- 
gressiveness on the part of both genders likely has 
been acquired through modeling. Their fathers are 
s tr o ng, powerful models who ootain what they want 
through aggressiveness. In contrast, the children's 
anxiety and depressive -type symptoms are apt to 
be a result of the stress the children feel from the 
spouse abuse. Jaffe, Wolfe, and Wilson (4) point 
out that many of the signs of distress in children of 
battered women are very similar to posttraumatic 
stress disorder (PTSD) symptoms. 

Indirec: mechanisms of influence include (a) 
characteristics of the parent-child relationship (for 
example, quality of attachment or emouonal avail- 
ability) and (b) disciplinary practices (e.g., those 
that are exceedingly negative, harsh, inconsistent, 
and so on). Related to the former, the parent-child 
relationship can be influenced by many factors, but 
one of the most important is the mental health of 
the mother. A common effect of being beaten is 
depression, with the result being that the abused 
woman is often emotionally unavailable. Thus the 
quality of attachment and the parent-child relation- 
ship are at risk for being negatively affected. 

The second indirect mechanism of**influence 
concerns disciplinary practices. Again, many vari- 
ables can enter into this equation, depending on the 
length of time there has been physical violence 
between the parents, whether violence has been 
directed at the child, how much parenting is done 
by either parent, and the effectiveness of the par- 
enting. Inadequate parenting in the form of very 
inconsistent and/or harsh discipline puts children 
at especially high-risk for behavioral and emo- 
tional problems. 

Research Questions 

Because so little empirical research has been 
conducted with children of bartered women, there 
are multiple subareas that need extensive investi- 
gation. It is clear that, in addition to searching for 
* variables that mediate the impact, empirically test- 
ing the proposed model for the mechanisms of 
influence, and studying more diverse samples, the 



: ii&aaae»w#»wJK«Sfis 



-172- 



Feature... 



Continued 



major task for researchers is to examine the effec- 
tiveness of different treatment approaches. 

Intervention with children of battered women is 
the area in which there is probably the smallest 
amount of literature available. Most of the infor- 
mation is based on clinical experience; therefore 
we have little empirically tested information to 
guide our clinical work. The few interventions that 
have been published have assessed outcome infor- 
mally, although the results look promising. More 
rypes of treatment, including crisis intervention, 
need to be evaluated, and in a more formal, stan- 
dardized manner. 

Several clinical descriptions of interventions 
have been published (e.g., 4), with the majority of 
them developed for school-age children using a 
time-limited group format. Jaffe et al. have infor- 
mally evaluated their group approach from the 
children's, mothers', and clinicians' perspectives 
and recommended it as appropriate for mild prob- 
lems. In addition, they suggested the group be used 



.___.. . Mediating Variables* 




1. Spouse abuse 
.the children 




I 2i.-The- morer'typer o£ violencerai ^^cMld-is.VeiposedittniUic'woisecthei child's 1 . 
i psychological adjusOTenuYiDcdyVto^be^?^ 

| 3. Ask about the presence of violence- ih.thehbmes of your-dfencancranend 

pio the.respohse-. Provide.ihforroauc-riabout.safetv-and shelteTsiEnccesarv^*-..-; 

... ■'- - ---.--_-.- •■"*•'- ; .~:~ w.'i^=-/c^-. -i-.. .;.:-£• -..-..— _- ■:-■>:--.—.->- •* ■.-_. 
!'■ 4: Behavioral/emouonal "difflajlties-thanwc see- most /frequently' are. aggies- 

l sivenessand anxfery among both boys and girls'.' _ sL-C^r'^r--" .— -rv -'.*" 
■ "5. Intervene by actively disapproving of the use of. violence and by teaching 

; children new interpersonal and problem-solving skills. ■"■-., 

as a general educational format for any cniid wno 
has been exposed to parental violence. 

Some of the issues covered in the groups include 
(a) laoeling feeiings, (b) dealing with anger, (c) safety 
skids, (d) social support, (e) social competence and 
self-concept, (f) responsibility for parent/vioience. 
(g) understanding famuy violence, and (h) wishes 
about famiiy (see 4 and 5 for more details). 

Implications for Practice 

Child- and Parent-Focused Intervention 



^tenipeiamencsclf : €steenx.cozniuveabQiiies,cooine 



T. Chi Td factors: 




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i(a)'ni ore o t iesssubl e£a ao rsre i ated; tathexhil d (e.e^ 
asc.eJ c peneje eiw^vjoiencg^pe xcei vep:emoQonal 
anjiivp?t5 




When we see any member of a famiiy in our 
centers or clinics, the most important thing to do is 
to ask about violence between the adult partners. 
Our acknowledgment of the possibility of violence 
conveys to a mother that this experience is impor- 
tant to discuss and has a detrimental impact on her 
children as well as on her. 

As clinicians, we need to be advocates for the 
child and mother. Put the family in touch with 
domestic violence projects or social workers if 
nccessarv. In addition, work with teacners and the 
scr.ooi. Basically, ncip the woman to do wnat needs 



to be done to stop the violence and keep herself and 
her children safe. 

Child Focus 

Research findings indicate that we must inter- 
vene with both behavioral difficulties (especially 
aggressiveness) ana emotionai problems (e.g.. de- 
pression, anxiety, other PTSD-type symotoms). Em- 
pirical evidence from other areas of family violence 
suggests that intervention with aggressiveness is a 
major priority: one important and effective ap- 
proach to treating aggressiveness is teacning anger 
control (e.g., 6). In aadition. children of batterca 
women often show difficulties in social prooiem 
solving. Improving those abilities would be heip- 
ful, as this would allow the children an opportunity 
to establish peer support systems. Teacning chil- 
dren how to get along better with peers, aiong with 
enhancing their empatny skjIIs. has the additional 
benefit of reducing aggressiveness as w<il (5). 

We must also attend to the emotionai symptoms 
in both girls and boys. Researcn suggests tnat a 
cognitive-behavioral approach to treating both 
anxious and depressive symptoms would be help- 
ful. Treat negative cognitive errors and other char- 
acteristic thought patterns that seem to be 
conducive to depression (e.g.. attr.butions and locus 
of control). Working on the skills deficits that are 
seen in the areas of social problem soiving can also 
heip with low seif-esieem and feelings of lack of 
competence. Play therapy (either nondirective or 
more focused) to deal with interpersonal and intra- 
personal issues is also likeiy to be beneficial (7). 

In addition, consider intervention for academic 
deficits as well as benavior problems. Success with 
school can be a strengthening and buffering expe- 
rience for the children. 



Parent Focus 

Researcn from otne: areas of famiiy vioienc; 
and the moaei orescntec here suszrsis :ha*. we no;: 






xif- 



i 



Violence UpDate 
Board of Governors 

Editor 

JON L CONTE. PhXl_ Umtm. «/ 

■■Mawa— 1 ImmWm* 

Aisocaa Editors 
|QHNE.B.MYg»S.lD.ifc Cati» Jrtw<V 

Ur DAN SEXTON. OiUHti* USA, La. 



Board of Governors 

laaaal Taraalau. JUDITH BF< 1 PL PhX). 
N— • fc* I— ftj aJMaaaBaa— fciWC LUCY 

muwuiuae.'jh *i ■■«■ < w^ 

Li— «c BENNETT BRAUN.MXU -I(_ 
i«Pm*ai i Him. flftM JOHN - ••■ 




: AHN BUROE3X FtaXU Unrar 
«/*— MiB—uJAiimCAVAWAUCH. 

MP Tf faltrr ff a fi na f Trm fT iira)a 
DAVID CHADWICX. M.D. OiWiiti 
te MafaV ANN K. COHK. IXML. .Va 

DAVTD EL CDTWTN. WXI_ Ma->ia|aja 

Uiai ^liUiii, HOWAJtO DAVIDSON. 

i XL. ASA C mmr «,. CW^. a— «. L—r JEFF 

EDLESON. PtuD. Umw^ 

Mwmiw fa _» J *a-e- CHARLES FIGLEY- 

Wv-D- Sw r rnnfmr Tmammxc iawwM f-am 

.">-« _<a» U — pi DAVTD FfNKELHOR. 

WiX). Fumutf VtmrncM tUamtzA Pajf—aa. 

l/anv-w* ufHrm Hmtmmtmm: WILLIAM 

FK tEDRiCH. PhX>. Ja— Oaa_ 'nraaai p 

Dear.- ROBERT GEFFNBL PhXt. t/au*m~>a/ 

TtmMmi r^^ nomu r RICHARD 

OH I CS ill P P f 'Tinr Tn mi 

Umrvrttn fKI: BAJIBARA HART. Em.. /maa 

CmUh*a|*m hww afc a a— g HAY 
HELPER. MX), Jfariaaa, -»• 
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PhX). Uornnn^noxt M-Mc«i C« 
UCHAJtD KRUCMAN. MX). C N#a« 
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Stmt lltm—i Mrto/ Caaal a Parfaw— tx 
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Meanf. A Auk. iimv: GARY MELTON. 
Ph.D. Wwnw f ' W«im « i ftja i iw y r ; ELI 
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to focus on parenung in two ways. One is to hcip a 
mother decrease her discipline problems. She can 
be a much more adequate parent with more erlecnve 
discipline, and she will feel empowered by her effec- 
tiveness in her role as a mother. Second, we need to 
anend to and treat women s depression. Doing so will 
also improve a mother's ability to be attached to her 
children and meet their emotional needs. 

Comprehensive, Extensive Approach 

It is important to remember that effective treat- 
ment needs to be extensive, that is, lasting long 
enough to have an impact. With physically abusive 
families, research suggests that comprehensive (Let, 
both child- and mother-focused) intervendon lasting 
from 7-18 months after the violence has ended is 
necessary. Follow-up contacts — perhaps monthly — 
after the intensive intervention can be very effective. 

Health Care Professionals 

Intervention from health care professionals can 
be extremely beneficial to the children and their 
families. Several studies indicate that a battered 
woman is most likely to seek help from the medical 
community, whether it is from her physician, pedi- 
atrician, or a hospital's emergency room. Often, 
depending on her financial and emotional re- 
sources, her first attempt to obtain help is from the 
ER. An informed physician or nurse can be very 
effective in assisting the children. Many good rec- 
ommendations are contained in an article by Wildin, 
Williamson, and Wilson (8). Essentially, they urge 
that the health care person ask about violence in the 
family and respond to the woman's answers. With 



the children, acknowlecge how scary violence is 
and give the woman information about how to kesp 
safe. If a referral seems to be in order, refer :he 
family to a social worker rather than a psychiatrist. 



Primary Sources 

1. Hughes. H. M. (in press). Research concerning 
children of battered women: Ginical and policy im- 
plications. In R. Geffner Sl P. Lundberg-L-ove (Eds.). 
Research and treatment in family violence: Pracncal 
implications. New York: Haworth. 

2. Hughes, H. M„ it. Fantuzzo. J. (in press). Family 
violence: Child. In R. T. Ammerman, M. Hersen, and L 
Sisson (Eds ). Handbook of aggressive and desrruaive 
behavior in psychiatric panents. New York: Plenum. 

3. Grych. J. tt, Sc Fincham. ED. (1990). Mantal conflia 
and children's adjustment: A cognitive-contextual ap- 
proach. Psychological Buljehn. 108. 267-290. 

4. Jaffe. P. G„ Wolfe. D. A.. &. Wilson. S. K. (1990). 
Children of battered women. Newbury Park. CA: Sage. 

5. Rosenberg. M. S.. &. Rossman. B.B.R. (1990). The 
child witness to mantal violence. In R. T. Ammerman & 
M. Hersen (Eds.), Treatment of family violence (pp. 1 83- 
210). New York: Wiley. 

6. Feindler. E. L. &. Ecton. R. B. (1986). Anger 
control with adolescents. Elmstord. NJ: Pergamon. 

7. Gil. E. ( 1 99 1 ). 77i* healing power of play: Working 
with abused children. New York: Guilford. 

8. Wddin, S. R.. Williamson. W D. Sc Wdson. G. S. 
(1991). Children of battered women: Developmental 
and learning profiles. Clinical Pediatncs. 30, 299-304. 

M full list o) ' niatte rrfenncei 
may be ootainttl by wntuif to in* puoittntr) 



y^m^^^^ s ^^ms^m 



-174- 



RESOURCE CENTER AND CLEAR INGHO USE 



| Center of Alcohol Studies, Rutgers University 





FACTS ON ALCOHOL; DRUGS AND DOMESTIC VIOLENCE 



■♦ '■,.' r---v- 



Robert Mackey, MA., CJL.S. 



Statistics on the correlation between do- 
mestic violence and addiction range be- 
tween forty-lour percent according to the 
New Jersey Uniform Crime Report of 1989, 
to more than eighty percent in some re- 
search studies. According to the National 
Woman Abuse Prevention Project in Wash- 
ington, D.C, alcoholism and bartering 
share the following characteristics: Both 
are inter-generational, both involve denjal 
and minim izatio n of the problem, and both 
involve Isolation of the family. Consider- 
ing this, any intervenEon with either of 
these problems should consider the impli- 
cations and presence of the other. 

The topic of domestic violence and its 
association with addiction has received 
increased attention over the past decade. 
In a report by Schuerger and Reigle, per- 
sonality and background data were ob- 
tained on two-hundred and fifty men en- 
rolled in a group treatment program for 
spouse abuse. The major conclusions of 
this investigation verified the prevalence 
of alcoholism, drug abuse, and violence in 
the family of origin of abusive men. Fitch 
and Papantonio found violence between 
the batterer's parents, abuse of the batterer 
as a child, alcohol and drug abuse, and 
economic stress to be highly correlated to 
spouse abuse. Lehmann and Krupp cited 
several striking statistics on drinking and 
wife abuse. Data from the New York based 
program. Abused Yhmen's Aid In Crisis, 
indicate that alcohol abuse on the part of 
the husband was a factor in oyer eigh ty 
percent of their cases. Another interesting 
point cited by these authors was the sur- 
vey cond~cLau by Scott, who interviewed 
100 wives of alcoholics who had identified 
themselves as victims of abuse. Seventy- 
two percent of these women indicated they 
had been threatened physically, forty-five 
percent had been physically attacked, and 
twenty-seven percent had experienced 
"potentially lethal* attacks. None of these 
women had sought help as victims of bat- 
tering, suggesting that alcohol abuse is not 



only a factor in many cases of domestic 
violence, but that wife battering may be 
very common in families of alcoholics. 




Lehmann and Krupp carried out their own 
survey of 1500 cases of women calling a 
hotline for abused women in Philadel- 
phia. Fifty-five p e rc e n t of these women 
said that their husbands became abusive 
when drinking. They asserted that al- 
though the association between alcohol- 
ism and domestic violence is dear, "most 
existing research supports the conclusion 
that alcohol abuse does not cause domes- 
tic violence." A final portion of this re- 
search involved interviews with ten alco- 
holism counselors and ten workers spe- 
cializing in the field of domestic violence. 
Contrary to the research literature, work- 
ers in both fields believed that alcoholism 
was in fact the primary cause of the vio- 
lence. These findings support the need for 
collaboration between the fields of addic- 
tion treatment and domestic violence as 
well as professional training on the sub- 
ject 

In summary, the literature on al cohol abuse 
and domestic violence makes it dear mat 
men with drinking problems are at high 
risk to be abusive toward their spouses. 
However, it is also dear that many men 
who have drinking problems do not abuse 
their wives and that some men who don't 
have drinking problems do abuse their 



wives- Therefore, ths conclusion that there 
is no direct causal relationship between 
drinking and spouse abuse, a position sup- 
ported by most of the researchers in this 
area, appears irrefutable. 



There are a few salient points to consider 
when intervening with the problems of 
alcohol abuse and domestic violence. First, 
there is no causal relationship between the 
two, therefore recovering from one of the 
problems does not assure resolution of the 
other. Treatment of tine addiction should 
precede treatment for the battering; how- 
ever in many cases, counseling for batter- 
ing can be initiated concurrent])' or can be 
instituted initially to assist in co nf ronting 
the denial of the addiction. In either case, 
the violence must be addressed immedi- 
atdy, if not through counseling then 
through legal sanctions and restraints to 
assure the safety of the victim(s). Victims 
of domestic violence, where alcoholism is 
involved or not, should receive the benefit 
of counseling and education co n c ern ing 
the cyde and dynamics of battering. Vic- 
tims should also be afforded the opportu- 
nity to investigate family-of-origm issues, 
beliefs, behavioral patterns, and role ex- 
pectancies that increase vulnerability to 
abusive types of relationships through 
disempowerment The goal of interven- 
tion is to assure safety and to empower 
both victim and abuser to act in their best 
interest independently. While family 
therapy is an imp o rta nt aspect of addic- 
tion reco v ery, it is contraindicated in the 
presence of domestic violence. Early re- 
covery where both problems exist should 
focus on individual self-ma; .agement and 
should incorporate marital or family treat- 
ment as an adjunct therapy later in the 
therapeuticprocess. Domestic violence cre- 
ates an extreme imbalance of power in the 
relationship prohibiting effective negotia- 
tion. This disempowerment requires a rea- 
sonable degree of resolution before the 
effective assertion of the victim's needs 
can be realized. 



-175- 



The follo»*nng components are recom- 
mended to be incorporated tn treatment 
programs for battering, in order of prior- 
ity: 

1. Instruct/support the alcoholic- batterer 
to abstain from alcohol use and violence 
through direct appeal and appropriate 
treatment modaJiti.s (if necessary, through 
legal or formal sanctions such as restrain- 
ing orders, job jeopardy, etc). 
ZConJTontdexual/rjurumizanonandpro- 
i«non of responsibility. 
3 incorporate recovery programs for ad- 
diction concomitant with anger manage- 
ment /self -control techniques. 
4-Address potential relapse issues com- 
mon to both problems such as resentment, 
seii-pity, and cyclical self-defeating pat- 
terns of behavior. 

5 Teach assertive communication skills. 
6 .Educate all parties on the techniques of 
effective problem-solving, thereby em- 
powering ea J\ individual in the system 
to behave in his or her personal best inter- 
est 

/ -Address the needs of the entire family 
system. These are inter-; eneranonal 
problems, and prevention is a primary 
objective. 

Suggestions for Abusers 

l.Seek help from people with specific 
knowledge of addiction and/or aggres- 
sion c on t r ol This may require involve- 
ment in appropriate 12-step meetings and 
u\ anger management ccnariseimg-Remem- 
oex, addressing one problem will not nec- 
essarily resolve the other. 
2-Understand that both battering (physi- 
cal and psychological) and addiction are 
p i 1 og je ssiv cThe longer you deny the prob- 
lems, the more dangerous may b e com e. 
3 .Resentment, denial «»if«pt«y f «T»HWff of 
coruTolarecharactensocofalrnhnliimand 
altering. Be willing to get honest 
» Alcoholism and family violence tend to 
be m iej - gci ic ia oonafcbe prepared for long- 
:erm care. Be s uppor t iv e and encourage 
help for your children and family. 
S.You can't avoid influencing others, but 
you can't afford to control anyone but 
yourself. 

65top losing contro l of yourself to try to 
gain control of others. 



Robert Mockey, MJL, CJLS. 
Is o Consulting Psychologist on 
Domestic Violence for the Ocean 
County Domestic Violence Crisis In - 
tervention Unit in Toms Rwer, A'J. 



Suggestions tor Battered Persons 

1. Attempt to define yourself as a survivor 

of violence rather than a victim: it's more 

empowering. 

2 -Reach out to support groups: isolanon is 

one of your greatest enemies. 

3.Trust that ultimately you know what's 

in your best interest; act accordingly. 

4.You are not the cause of another's beha v- 

ior, so you cannot change someone else; 

focus on yourself. 

5 Develop a safety plan for you and your 

children in the event that you need to act 

quickly. A local domestic violence service 

can assist you in developing your options 

and advise you of your rights. In New 

Jersey, the state-wide hotline number is: 

1-800-572-SAFE 

Domestic violence and addiction can be a 



lethal rru*.. The loss oi control ana efleas 
of alcohol ana druc abuse contribute sig- 
nificantly to the sevenrv of beanngs m 
abusive relationships. FBI statistics indi- 
ct *r that thirry percent of female homicide 
''",~.\2-r are killed bv their husbands or 
boyfriends. 

Battering, unlike the disease of addiction. 
is a socially learned behavior which can be 
reversed if the moovanon for change is 
realized. Techniques and social skills can 
be re-learned to eliminate the violent be- 
havior, rust as life manageability can be 
attained through a comzrurment to recov- 
ery. Wrere >~ j',onence of the drug alone is 
insi'fCU, .ni i u srue recovery, elimination 
A Lji *u\%j\ce is just the first of many 
steps toward breaking the eyrie of domes- 
tic violence. The p roc e ss of r e cover y ulu- 
xnately benefits other significant people. 



References 



Ebexle.P-A. (1982). Alcohol abusers and non-users: Diserimirtant analysis of differences 
b e tween two subgroups of batterers. Journal of Health and Social Behavior, 22, 260-271. 

Fitch, F.J., & Papantonio, A. (1983). Men who batter. Some personality characteristics. 
journal of Nervous end Mental Disease, 171(3), 190-192. 

Lehmann, N., fc Krupp, S. (1984). Alcohol-related domestic violence: Qinical implica- 
tions and intervention strategies. Alcohol Treatment Quarterly, 1(4), 111-115. 

Roberts, AJL (1988). Substance abuse among men who batter their mates. Journal oj 
Substance Abuse Treatment, 5, 83-87. 

National Woman Abuse Prevention Project 2000 P Street NW, Suite 508, Washington 
D.C 20036. 

Schuerger, JJ*L, L Regie, N. (1988). Personality and biographic data that 
men who abuse their wives. Journal ofOimcal Psychology, 44(1), 75-81. 



Readings for Further Information 



Forward^ L Torres, J. (1986). Men who hate women & the women who love them. Nev 
York, NY: Bantam Books. 

Martin, D. CI 981) Mattered wives. San Francisco, CA: Volcano Press, Inc. 

Sonkin, D.J„ 4c Durphy, M. 0982). L airnin r to live without violence. San 
Volcano Press, Inc. 

Weisinger, H. 0985). Dr. Wosmrer's anger workout book. New York, NY: QuilL 



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